Information on the Kent Home Electronics Properties
We try to be as accurate as possible with the information we present on the Kent Home Electronics Properties. We will make reasonable efforts to accurately display or communicate the attributes of the Products we sell. The information displayed on the Kent Home Electronics Properties, or shared with you as part of your interactions with the Kent Home Electronics Properties, such as through the use of chat, may be created or provided to you by artificial intelligence software (“AI”). AI used on or in connection with the Kent Home Electronics Properties to provide you with ideas, inspiration, summary information, or other contextual information, including those in response to topics or questions you input, is provided solely for your convenience and may not always be accurate. We do not warrant that Product descriptions or other content, whether generated by AI or not, is accurate, complete, or error free. Any use of AI or other technologies on or in connection with the Kent Home Electronics Properties, including chat-based or conversation-based technologies, regarding any of our terms and conditions (including these Terms), policies, or practices is provided solely for your convenience, and any deviation, contradiction, additional, or different term provided shall be void and non-binding and instead the applicable terms and conditions, policy, or practice shall control. 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.
Paying for your order
Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in store. For digital items, we’ll charge your payment method when you initiate the download of the item or when the item is placed in your account and available for use. For special-delivery items, we’ll charge your payment method when you confirm a delivery time. However, we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. If a preauthorization of a pre-order expires before fulfillment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date.
Order confirmation
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel all or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
Proprietary rights
All content included on or comprising the Kent Home Electronics 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 Kent Home Electronics 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 Kent Home Electronics and other trademarks on the Kent Home Electronics Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Kent Home Electronics 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 Kent Home Electronics Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, WhatsApp, Facebook, Instagram and email communication. You hereby grant Kent Home Electronics a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, translate, reproduce, transmit, publish, display, delete, create derivative works from, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow Kent Home Electronics to feature text, images and videos shared through social media (e.g., Facebook™️, X, Instagram™️, Pinterest™️) or submitted through our Reviews and Ratings. 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. For this reason, do not send us any content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the information to use, and grant to third parties such as Kent Home Electronics the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding information that you may have under any applicable law under any legal theory. 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.
Disclaimers and limitation of liability
KENT HOME ELECTRONICS PROVIDES THE BEST BUY PROPERTIES AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE KENT HOME ELECTRONICS PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY KENT HOME ELECTRONICS PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A KENT HOME ELECTRONICS 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 KENT HOME ELECTRONICS PROPERTY, ANY PRODUCT OR SERVICE PURCHASED THROUGH A KENT HOME ELECTRONICS PROPERTY, OR FOR ANY INACCURATE INFORMATION GENERATED BY AI AND DISPLAYED ON THE KENT HOME ELECTRONICS PROPERTIES OR SHARED WITH YOU AS PART OF YOUR INTERACTIONS WITH THE KENT HOME ELECTRONICS PROPERTIES. 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 KENT HOME ELECTRONICS PROPERTY OR KENT HOME ELECTRONICS GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
Links to third-party websites
The Kent Home Electronics Properties contain links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. Kent Home Electronics does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on a Kent Home Electronics Property does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
Export
Certain software or other materials (“Software”) that you may obtain through the Kent Home Electronics 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.
Security
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 Kent Home Electronics Properties only for lawful purposes. Activities including, but not limited to, tampering with any Kent Home Electronics Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Kent Home Electronics Properties are prohibited.
You may not violate or attempt to violate the security of the Kent Home Electronics 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 Kent Home Electronics Property for unintended purposes or trying to change the behavior of any Kent Home Electronics 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 Kent Home Electronics Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of Kent Home Electronics (impersonating Kent Home Electronics) or to any Kent Home Electronics Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of Kent Home Electronics, including promotions and/or advertising of Products. 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 Kent Home Electronics Property or any activity being conducted on any Kent Home Electronics 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 Kent Home Electronics Property other than the search engine and search agents we provide and generally publicly available browsers.
Dispute Resolution (Including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver)
PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES (AS SET FORTH BELOW) THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS LESS FORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION AWARDS ARE FINAL AND BINDING AND SUBJECT TO ONLY LIMITED REVIEW BY A COURT. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR IN LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Arbitration Agreement
Binding Arbitration. “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 Kent Home Electronics, 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 Kent Home Electronics websites; (2) your membership in any Kent Home Electronics loyalty or rewards program (e.g., My Kent Home Electronics) or subscription-based services (e.g., My Kent Home Electronics Total™️); (3) your receipt of delivery, repair or installation services or consultation services provided by Kent Home Electronics or its agents; (4) any communications between you and Kent Home Electronics; (5) application for financing; and/or (6) your purchase of products or services offered, sold, or distributed by Kent Home Electronics 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 Kent Home Electronics member, Dispute shall also include all disputes that arose before your enrollment in, and after the cancellation or termination of, the My Kent Home Electronics program, including any claims that are the subject of purported class action litigation. Notwithstanding the foregoing, 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. Dispute shall include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disputes or claims seeking to enjoin the misuse of intellectual property rights, which may be brought in a court of competent jurisdiction. 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. These Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and Kent Home Electronics agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).
Mandatory Informal Dispute Resolution Process.
You and Kent Home Electronics agree to work together in an effort to informally resolve any Dispute that might arise between us. Before you or Kent Home Electronics may initiate an arbitration proceeding, you and Kent Home Electronics agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement. The party initiating the Dispute must send the other a written notice of the Dispute (“Notice”) that includes all of the following information: (1) the party’s name and contact information (address, telephone number, and email address); (2) information sufficient to identify any account and transaction at issue; and (3) a detailed description of the nature and basis of the Dispute (including approximate date, time and location, if applicable) and the relief sought, including a good faith calculation for it. The Notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with Kent Home Electronics, you must send this Notice to Kent Home Electronics by email to inquiry@kenthomelectltd.com. If Kent Home Electronics has the Dispute with you, Kent Home Electronics will send the Notice to you at the most recent contact information we have on file. The party receiving the Notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Kent Home Electronics representative will personally attend (counsel may attend as well). The conference will be scheduled for a mutually agreeable time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process is a condition precedent to initiating a claim in arbitration. If the sufficiency of a Notice or compliance with this process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations or the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek relief for non-compliance with this process in arbitration. All applicable limitations periods (including statutes of limitation) will be tolled from the date of the receipt of a completed Notice through the conclusion of this Mandatory Informal Dispute Resolution Process. You or Kent Home Electronics may commence arbitration if the Dispute is not resolved through this process.
Costs of Arbitration.
Payment of all arbitration fees will be governed by the AAA Rules (unless JAMS or another provider administers the arbitration as set forth above, in which case their respective rules shall govern). You and Kent Home Electronics agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or Kent Home Electronics may elect to engage with the AAA (or the applicable provider) regarding arbitration fees, and you and Kent Home Electronics agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
The Parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Additional Procedures for Mass Arbitration.
You and Kent Home Electronics agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If 25 or more similar Disputes (including yours) are asserted against Kent Home Electronics 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. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources.
If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
STAGE ONE:
If at least 100 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Kent Home Electronics shall each select 50 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. 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 Kent Home Electronics shall pay the mediator’s fee.
STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Best Buy shall each select 100 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased or decreased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than five cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes 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 Stages One and Two), and Kent Home Electronics shall pay the mediator’s fee.
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. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.