As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-court
The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (1) issues that are reserved for a court in these Terms; (2) issues that relate to the scope, validity, or enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute.
Company’s fee promise
Reviewed category: mass-proceeding-fees-only
After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Best Buy shall pay the mediator’s fee.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Before you or Best Buy may initiate an arbitration proceeding, you and Best Buy agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement. ... Completion of this Mandatory Informal Dispute Resolution Process is a condition precedent to initiating a claim in arbitration.
Mass-arbitration terms
Reviewed category: bellwether-then-release-to-court
If 25 or more similar Disputes (including yours) are asserted against Best Buy by the same or coordinated counsel (“Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. ... STAGE ONE: If at least 100 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Best Buy shall each select 50 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. ... Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms.
Small-claims carve-out
Reviewed category: available-standard-carve-out
any Dispute falling within the jurisdictional limits of small claims court must be heard in that court, so long as it isn’t removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for a small claims court to decide in the first instance.
Opt-out
Reviewed category: change-rejection-only
Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Best Buy in accordance with this version of the arbitration agreement.
Unilateral modification
Reviewed category: effective-on-posting-or-without-notice
We may in our discretion change these Terms, My Best Buy account terms, or any aspect of the Membership, without notice to you.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
“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
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
An award shall have no preclusive effect in any other arbitration or proceeding involving Best Buy in which you are not the sole named party.
Shortened limitations period
Reviewed category: silent
No provision on this field was extracted from the captured text.
Severability if the class waiver is struck
Reviewed category: narrow-severance
If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
An arbitration demand must be accompanied by a certification of compliance with the Mandatory Informal Dispute Resolution Process and be personally signed by the party initiating the arbitration (and counsel, if represented).
Mass-arbitration numeric trigger
Reviewed category: bellwether-then-release-to-court
Stated term: “25 or more” similar Disputes — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
If 25 or more similar Disputes (including yours) are asserted against Best Buy by the same or coordinated counsel (“Mass Arbitration”)