BEST BUY INSIGNIA CONNECT TERMS OF SERVICE
Welcome to Best Buy. By using the Insignia Connect mobile and iPad apps ("CONNECT APP"), and their related connected smart devices ("CONNECT Smart Devices"), internet-based services (including device-specific subscription services), websites, and software (collectively, the "Service"), you agree to be bound by these terms and conditions ("Terms"). We may make changes to the Service 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 the Service.
BEST BUY IS CURRENTLY OFFERING A 30-DAY FREE TRIAL OF THE PREMIUM SUBSCRIPTION SERVICE FOR THE INSIGNIA CONNECT WI-FI CAMERA. THESE TERMS WILL ALSO GOVERN THAT FREE TRIAL. (USERS ACTIVATING THIS CAMERA SERVICE IN OCTOBER AND NOVEMBER OF 2017 MAY RECEIVE A LONGER FREE TRIAL PERIOD.)
You may not access the Service if you are our direct competitor, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
- The Service.
These Terms govern and describe the Service we will provide you under the Insignia CONNECT APP and associated CONNECT Smart Devices. We will provide the Service to the person who downloaded the CONNECT APP and is a registered user ("User"). Your purchase of CONNECT Smart Devices is governed by the limited warranty associated with those devices and the applicable terms and conditions related to the purchase of those devices. The words "we", "us", "our" and "Best Buy" refer to Best Buy Stores, L.P. and/or its affiliates and its or their employees or third-party service providers, as the case may be. "You" or "your" refers to the User.
This is a legal agreement and by using the Service you are agreeing to these Terms. The following items are just some of the provisions described within these Terms. If you do not agree, you should not use the Service:
- You are responsible for ensuring that you comply with any applicable laws when you use the Service, including the recording or sharing of video or audio content that includes third parties, which may require you to provide notice of such recording
- The Service has critical limitations and is not appropriate for critical uses and life safety applications
- The Service collects home network and device-related information detected by the CONNECT Smart Devices
- You are consenting to the use of arbitration to resolve disputes rather than jury trials or class actions
- You are consenting to automatic software updates of both the CONNECT Smart Devices and any related internet-based services
- What's Included in the Service?
The Service primarily consists of the CONNECT APP and a series of CONNECT Smart Devices (sold separately). The CONNECT APP is used to control your CONNECT Smart Devices in your home from wherever you are. Each CONNECT Smart Device has its own unique features and functionality. Some of these devices utilize additional software and internet-based services. Each CONNECT Smart Device may offer users different levels of services, some of which are paid subscription services. Most of the devices will provide standard functionality at no additional charge. The software and services associated with the CONNECT Smart Devices (e.g., configuration, operating, viewing and reporting) is part of the Service and covered under these Terms.
- What's Not Included?
The Service does not include, among other things, the following: (a) CONNECT Smart Devices (it is the responsibility of the User to purchase those devices separately); (b) installation and setup of the CONNECT APP and the CONNECT Smart Devices (these components are designed to be installed and setup by the User); (c) connectivity to any emergency responders (e.g., police, fire or medical emergency responders); (d) a burglar or fire alarm system, (e) training or education, (f) data backup or the recovery or installation of data, software, information, or other files stored on any device, or (g) internet service to the User's residence or services relating to resolution of issues arising from the internet service provider, or any home network support. You are responsible for all third-party products and services that are not included as part of the Service.
- Obtaining, Modifying and Terminating the Service and an Account.
My Best Buy Program. As a condition to membership in this Service, the User must establish and/or maintain a My Best Buy account. There is no cost to have a My Best Buy account but there are various benefits. Learn more about these benefits by visiting BestBuy.com/MyBestBuy. The My Best Buy program is subject to the terms at BestBuy.com/MyBestBuyTerms. If the My Best Buy account linked to this Service is closed at any time for any reason, we may, at our option, cancel the Service.
You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security. You agree to not share your account credentials with others. You may use the Service only for lawful purposes. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
Modification. Best Buy reserves the right, at any time, to modify, suspend, or discontinue all or part of the Service with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
Term. These Terms, as may be modified by us from time to time, will remain in full force and effect so long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms (the "Service Term").
Termination. At any time, we may (i) suspend or terminate your rights to access or use the Service, or (ii) terminate these Terms with respect to you if we in good faith believe that you have used the Service in violation of these Terms. Upon termination of these Terms, your right to use the Service will automatically terminate.
No Service Transfer. You are prohibited from transferring the Service to a new user under your account. Attempts to transfer are void and your right to use the Service will automatically terminate. A new user will need to register for a separate account with Best Buy and re-register any CONNECT Smart Devices.
- Access to and Use of the Service.
Rights. Subject to these Terms, we grant you a non-transferable, non-sublicensable, non-exclusive, right to access and use the Service during the Service Term by (i) installing and using the CONNECT APP on your mobile device, (ii) using the CONNECT APP to control and monitor the CONNECT Smart Devices connected to your CONNECT APP, and (iii) using the CONNECT APP to access internet-based services associated with certain CONNECT Smart Devices. You agree that your purchase of CONNECT Smart Devices and your agreement hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features. The rights specified above include our grant to the User of a limited, non-transferable, non-sublicensable, non-exclusive license to execute one copy of the software on each CONNECTED Smart Device owned by the User, in executable object code form only, solely for use in conjunction with the CONNECTED Smart Device for your personal, non-commercial purposes.
Your Responsibilities. You agree that any updates and additional features of the Service shall be subject to these Terms. You shall (i) be responsible for compliance with these Terms for any person accessing your account, (ii) be responsible for the accuracy, quality and legality of User Content (defined below) and of the means by which you acquired your content, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Service, and notify us promptly of any such unauthorized access or use, and (iv) use the Service only in accordance with applicable laws and government regulations.
Restrictions. You shall not (a) make the Service available to anyone other than the User, (b) sell, resell, rent or lease the Service, (c) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Service to store or transmit malicious code, (e) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, or (f) attempt to gain unauthorized access to the Service or its related systems or networks. Additionally, you shall not (i) modify, copy or create derivate works based on the Service, (ii) copy, frame or mirror any part or content of the Service, other than copying or framing on your own intranets or otherwise for your own purposes, (iii) reverse engineer the Service, or (iv) access the Service in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
Video and Audio Processing. The Insignia Connect Wi-Fi Camera streams audio and video to the cloud when it detects motion. You give us all permissions we need to use your audio and video stream to provide the Service.
Automatic Software Updates. You consent to us automatically providing updates to the software included within the Service, including updates to the CONNECT Smart Devices. These updates may be installed without providing any additional notice. Your continued use of the Service following updates is your agreement to these Terms.
- Service Plans
Some of the functionality offered for certain CONNECT Smart Devices, such as the Wi-Fi Camera, may be offered through purchased subscription plans ("Service Plans") with different features, storage limits and fees. You will have a free option if you haven't chosen a paid Service Plan for a CONNECT Smart Device. Information about Service Plans will be provided at the time of installation and through materials posted on the Insignia Connect web pages. We reserve the right to change, cancel, or add Service Plans at any time. We sometimes offer certain customers various promotional plans ("Promotional Plans"), which are subject to these Terms, except as otherwise stated in the promotional offers. If you have signed up for a Promotional Plan, you may at any time choose not to transition to a paid Service Plan at the end of the promotional period.
The fees for each Service Plan are stated on the Insignia Connect web pages. Taxes may apply. If you choose to cancel your Service Plan before expiration, in certain cases you may be entitled to a pro-rated refund. You must contact Customer Service to request this refund.
The Service Plan begins on the date it is initially purchased and ends as explained below depending on what type of Service Plan was purchased (the "Service Period"). The User's payment receipt or the email we will send to him/her confirming purchase will identify which type of plan was purchased.
One-Time-Pay Plans. If the User paid for the Service Plan in one payment, based upon a specific term, Service under the Service Plan will end one, two, or three years from the date on which it started, depending on the length of the Service Plan purchased.
Continuous Monthly Plans. If the User paid for a month-to-month Service Plan, the Service Plan will continue indefinitely on a month-to-month basis until it is cancelled. Until the Service Plan described in this paragraph is cancelled, the User hereby authorizes us to charge his/her credit or debit card at the beginning of each monthly billing period for the amount specified on the purchase confirmation email or payment receipt and for any Service Recovery Fee if the User cancels a Continuous Monthly Plan within the initial six-month period of the Continuous Monthly Plan.
Continuous Yearly Plans. If the User selected a year-to-year Service Plan, the Service Plan will continue indefinitely on a year-to-year basis until it is cancelled. Until the Service Plan described in this paragraph is canceled, the User hereby authorizes us to charge his/her debit or credit card at the beginning of each yearly billing period for the amount specified on the purchase confirmation email or payment receipt. Prior to the beginning of each yearly billing period we will send the User a reminder that his/her credit or debit card will be charged at the start of the upcoming yearly billing period unless the Service Plan is cancelled.
Cancellation; Service Recovery Fee; Renewal; and Change of Terms or Plan Price.
How to Cancel. Subject to any Service Recovery Fee that may be payable as explained below for a Continuous Monthly Plan cancelled within the first six months as explained below, the User may cancel the Plan at any time by calling 1-877-467-4289.
Service Recovery Fee. IF THE USER PURCHASED A CONTINUOUS MONTHLY PLAN, AND THE USER HAS RECEIVED ANY SERVICE OR BENEFIT UNDER THE PLAN, THE USER WILL BE CHARGED A SERVICE RECOVERY FEE ("Service Recovery Fee") NOT TO EXCEED  MONTHS OF SERVICE PLUS TAX IF THE USER CANCELS THE PLAN WITHIN THE FIRST SIX MONTHS OF THE PLAN. For the sake of clarity, the Service Recovery Fee shall not apply if the User cancels the Service Plan within the first six months of the Plan and the User has not received a benefit under the Service Plan prior to cancellation.
Cancellation within 30 Days. Except for cancellation of a Continuous Monthly Plan that is subject to a Service Recovery Fee, the User may cancel the Service Plan and obtain a refund in the amount paid for the Service Plan if the cancellation occurs within 30 days of the date of purchase of the Service Plan, unless the User is entitled to a longer return period under some other Best Buy program, offer, or policy. At our discretion, we may deduct from any refund the value of services already provided. IF THE USER CANCELS A CONTINUOUS MONTHLY PLAN WITHIN 30 DAYS OF THE DATE OF PURCHASE OF THE SERVICE PLAN, AND THE USER RECEIVED A SERVICE OR BENEFIT UNDER THE PLAN PRIOR TO CANCELLING, THE USER IS NOT ENTITLED TO ANY REFUND AND IS SUBJECT TO A SERVICE RECOVERY FEE.
Cancellation after 30 Days.
- One Time Pay Plan. The User may cancel a One Time Pay Plan after 30 days from the date of purchase, but no refund will be due.
- Renewed One Time Pay Plan. If the User agrees to renew a One Time Pay Plan, the User may cancel the renewal term and receive a full refund for the renewal term if the User cancels within the first 30 days of the renewal term. If the User cancels the renewal term at any time after the first 30 days, we will issue the User a refund for any full months remaining under the renewal term. At our discretion, we may deduct from any refund the value of services already provided.
- Continuous Monthly Plan. If the User cancels a Continuous Monthly Plan at any time after the first 30 days, the cancellation will take effect at the end of the monthly billing period that has already been charged. Subject to any Service Recovery Fee that may be due, the cancellation will prevent the User from being charged for any further monthly billing periods.
- Continuous Yearly Plan. If the User cancels a Continuous Yearly Plan at any time after the first 30 days, we will issue the User a refund for any full months remaining under the then unexpired term. At our discretion, we may deduct from any refund the value of services already provided.
Cancellation or Suspension of Service by Us. The Service Plan you purchased may be cancelled by us due to the failure to maintain a My Best Buy account, your failure to comply with or fulfill any other material obligation under these Terms, your fraud or material misrepresentation, or your nonpayment of the annual fee if you purchased an Continuous Yearly Plan, the monthly fee if you purchased a Continuous Monthly Plan or other amounts owed to us under the Service Plan ("Non-Payment Event"). If a Non-Payment Event occurs, we will provide the User written notice (e.g., email) of the Non-Payment Event. If you do not cure the Non-Payment Event within 30 days after delivery of our notice of such Non-Payment Event, then (i) if you purchased a Continuous Yearly Plan, it will be cancelled retroactively to midnight on the last day of the preceding annual period, or (ii) if you purchased a Continuous Monthly Plan, it will be cancelled retroactively to midnight on the last day of the month for which you made the last monthly payment. If we cancel a Continuous Yearly Plan, the User will receive a pro-rata refund of the price paid for such Continuous Yearly Plan based on the percentage of its then unexpired term. We also may suspend performance of our obligations while a Non-Payment Event exists or any other situation where you failed to pay us an amount that is due or where you failed to comply with or fulfill any other material obligation under these Terms.
Renewals based on Service Plan Type.
- One Time Pay Plan. At our discretion, we may offer you a renewal of your One Time Pay Plan or a new service contract. Any renewal or new service contract that we offer you may contain different pricing, coverage and benefits as compared to your original Service Plan. We are not responsible for giving you notice of the expiration of the Service Plan. Therefore, you may not receive any communication from us prior to the Service Plan expiring unless we offer you a renewal of the Service Plan or a new service contract.
- CONTINUOUS MONTHLY OR YEARLY PLANS. YOUR CONTINUOUS YEARLY OR MONTHLY PLAN WILL CONTINUE INDEFINITELY ON A MONTH-TO-MONTH OR YEAR-TO-YEAR BASIS, AS APPLICABLE, UNTIL CANCELLED OR NOT RENEWED BY YOU OR US IN ACCORDANCE WITH THESE TERMS. At our discretion, we may discontinue the renewal of your Continuous Yearly or Monthly Plan on at least 30 days' prior written notice or offer you a new service contract.
Change of Terms or Plan Price. If you are in an active Service Plan, we reserve the right to change these Terms or the price of the Service Plan at any time upon 30 days' notice to you. If we make a material change to these Terms, you may cancel the Service Plan prior to such changes taking effect and, in the case of your cancellation of a One Time Pay Plan or Continuous Yearly Plan based on a material change in these Terms, we will give you a pro-rata refund for any prepaid amounts.
- Proprietary Rights
The Service is licensed to you, not sold, under these Terms. You acknowledge that all intellectual property rights contained in the Service are owned by Best Buy or its affiliates or our licensors. Your possession, access, and use of the Service do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Best Buy and its affiliates and licensors and suppliers reserve all rights not expressly granted in these Terms.
All content included on or comprising the Service, 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.
We shall have, and you agree to grant and do hereby grant to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the functionality and operation of the Service.
- Open Source Software.
Certain items of software included with the Service 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.
- User Content.
- You are solely responsible for all content that you capture, upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Service, or that you contribute in any manner to the Service ("User Content); you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to us all proprietary rights in and to such User Content for publication on the Service pursuant to these Terms.
- You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
- We reserve the right to remove any User Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.
- You acknowledge that all Content and User Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
- Limitations of Service and Intended Use.
- You are responsible for providing the following components for the Service to operate: (i) a working Wi-Fi network in your home that is capable of communicating reliably with the CONNECT Smart Devices; (ii) Internet access in your home with sufficient bandwidth to support the Service; (iii) a Best Buy user account; (iv) a mobile device capable of installing and operating the Insignia Connect app; and (v) other system elements that may be specified by Best Buy for the various CONNECT Smart Devices.
- We shall not be liable for any failure or delay in performance due to any cause beyond our control. We reserve the right to refrain from providing the Service, wholly or in part, on the basis that the minimum system requirements are not met, as determined by us.
- YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. You acknowledge and agree that the Service is not certified for emergency response. We make no warranty or representation that use of the Service will affect or increase any level of safety. We do not guarantee that the Service, including any notifications or alerts, are accurate, reliable, always available, timely, or complete. The Service is provided for informational purposes only. You agree that Best Buy is not responsible for any damages caused by the failure or delay of the Service, regardless of whether such failure or delay is within our control. All life safety and emergency events should be directed to the appropriate response services.
- The Service may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions.
- For certain CONNECT Smart Devices, we provide information regarding energy consumption. We do not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Service or any feature.
- You warrant, represent and agree that you will not contribute any User Content or otherwise use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; or (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
- 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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
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
For additional information regarding this procedure, please reference 17 USC 512.
- Data Collection and Privacy.
- Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Service. You agree that you are responsible for ensuring that you comply with any applicable laws when you use the Service, including but not limited to (i) any laws relating to the recording or sharing of video or audio content that includes third parties, or (ii) any laws requiring notice to or consent of third parties with respect to your use of the Insignia Connect Wi-Fi Camera.
You agree to indemnify and hold us and our licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys' fees) made by any third party due to or arising out of your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- DISCLAIMER OF WARRANTIES; SUBROGATION WAIVER.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE/HOME NETWORK/COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE SERVICE IS NOT AN ALARM SYSTEM, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ITS ABILITY TO DETECT OR PREVENT SUCH EVENTS. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL ALWAYS OPERATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAY HAVE. YOU AGREE THIS SUBROGATION WAIVER IS NOT AN EXCULPATORY PROVISION BUT INSTEAD A RISK-SHIFTING PROVISION.
- LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, OR REPRODUCING ANY DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THESE TERMS; AND>
OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE APPLICABLE SERVICE PLAN INCLUDING TAXES.
THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY CAUSED BY OUR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD.
- Dispute Resolution.
If we are unable to resolve a dispute with you through discussion, conciliation or mediation (each of which are alternatives that we encourage), we are committed to a quick, inexpensive dispute resolution mechanism through arbitration. We do not believe that costly, time consuming, and complex court cases are an effective means for resolving disputes. Accordingly, these Terms will be subject to arbitration as described below. Please read it carefully.
Under this provision, you will be giving up certain rights to have a dispute settled in court and/or settled as a part of a multi-party or class proceeding. If you do not want to agree to this provision, you may cancel the Service by contacting us at 1-877-467-4289 within 30 days of use of the Service or purchase of the Service Plan. Otherwise, this arbitration provision will apply.
By entering into these Terms the parties agree and acknowledge that all disputes they have that involve us, or arise out of actions that we did or did not take, shall be arbitrated as set forth herein as long as the claim is in excess of the applicable small claims court jurisdictional limit. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE OR CONSOLIDATED ACTION AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, INCLUDING ANY CLASS ARBITRATION OR CONSOLIDATED ARBITRATION PROCEEDING. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.
All disputes or claims between the parties arising out of the Service or the parties' relationship shall be settled as follows:
- Small claims court; for claims within the applicable small claims court jurisdictional limit, or
- Final and binding arbitration held in the county of the Service Address (or other location mutually agreed upon by both parties) for claims in excess of the small claims court jurisdictional limit.
The arbitration shall be conducted by the American Arbitration Association pursuant to its rules for consumer disputes. Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 800-778-7879. If you initiate arbitration with AAA, you must pay any AAA filing fee in effect at the time you initiate arbitration. We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator's services. If we initiate arbitration against you, we will pay your filing fee and all costs associated with the arbitration. We shall bear the expense of your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of your claims to be frivolous, you shall bear all of your own expenses, including all attorneys' fees.
The parties expressly agree that the Service and this arbitration provision involve and concern interstate commerce and are governed by the provisions of the Federal Arbitration Act (9 U.S.C. § 1, et seq.) to the exclusion of any different or inconsistent state or local law, ordinance or judicial rule. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction.
If any portion of this provision is deemed invalid or unenforceable, the remaining portions of this Section 16 shall remain valid and enforceable, provided that if the portions regarding your waiver of class-action rights or the parties' acknowledgement of no agreement as to class arbitration are deemed invalid or unenforceable, then this Section 16 shall, upon election of any party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Section 16 and the other provisions of the Terms or any prior agreement, this Section 16 governs.
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflict of law provisions. If any provision(s) of these Terms is/are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
- Electronic Delivery; Notices.
You agree to receive electronic delivery of the Terms, which shall be deemed to have been delivered to you, (a) when you use the Insignia Connect mobile application by their availability via a link in the mobile application, and (b) when you purchased the Service Plan by their availability at connect.insigniaproducts.com/app/assets/learn-more-wifi-camera.html. Further, you also agree that we may send you any notice contemplated under the Plan by email to the email address you have provided to us or to the postal address we have on file for you or via messaging within the mobile application.
- Entire Agreement.
These Terms and your purchase receipt constitute the entire agreement between you and us with respect to the services and benefits provided to you under the Service and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of Best Buy have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify the terms and conditions of the Service — either orally or in writing.