Best Buy limits its financial responsibility to you for problems arising from using their website. You generally cannot recover consequential or punitive damages even if they were negligent.
This analysis describes what Best Buy's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This limitation restricts the categories of damages recoverable in disputes with Best Buy to direct damages only, establishing a defined scope of financial exposure in the company's liability framework.
Interpretive note: Enforceability varies by jurisdiction; certain states and the EU limit the scope of liability waivers in consumer contracts, particularly for gross negligence or statutory violations.
The updated terms establish that using any Best Buy Property constitutes acceptance of the terms. Best Buy reserves the right to modify the terms at any time and without advance notice to users. The terms state that it is the user's responsibility to review the terms for updates or changes. This means continued use of Best Buy Properties after any unilateral amendment will constitute acceptance of the modified terms. You can review the full updated terms at any time by visiting a Best Buy Property, but Best Buy is not obligated to notify you of changes.
View change record →This clause caps Best Buy's exposure for harms caused by their site's failure or errors, meaning consumers may be unable to recover the full extent of losses they suffer as a direct result of Best Buy's negligence or system failures.
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You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"BEST BUY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR BEST BUY SERVICES, EVEN IF BEST BUY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.— Excerpt from Best Buy's Best Buy Terms of Use
REGULATORY LANDSCAPE: Limitation of liability clauses engage state contract law and consumer protection statutes. Many states decline to enforce liability limitations that apply to gross negligence, intentional misconduct, or statutory violations. The FTC Act's prohibition on unfair practices may also limit the enforceability of liability caps that deny consumers meaningful redress. In data breach contexts, state data breach notification laws may impose obligations that interact with the scope of this limitation. GOVERNANCE EXPOSURE: Medium. Liability limitation clauses are standard in online terms but face increased scrutiny when applied to data security failures or consumer safety incidents. Courts in several jurisdictions have refused to enforce broad liability limitations in cases involving statutory violations or consumer harm. JURISDICTION FLAGS: California, New York, and Massachusetts have consumer protection statutes that may limit the enforceability of liability caps in consumer contracts. EU consumer law generally prohibits limitations of liability for death, personal injury, or harm caused by defective products, creating exposure for EU-based users. CONTRACT AND VENDOR IMPLICATIONS: Vendors and partners whose products or services are sold through BestBuy.com should review how the liability limitation interacts with their own indemnification obligations. The clause may attempt to shift liability exposure downstream to vendors in the event of consumer claims arising from third-party products. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the liability cap, as drafted, is consistent with applicable state consumer protection statutes and whether carve-outs for gross negligence or statutory violations are needed to ensure enforceability. Data security incident response plans should account for the possibility that this limitation may not fully shield Best Buy from consumer claims in the event of a significant breach.
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This limitation restricts the categories of damages recoverable in disputes with Best Buy to direct damages only, establishing a defined scope of financial exposure in the company's liability framework.
This clause caps Best Buy's exposure for harms caused by their site's failure or errors, meaning consumers may be unable to recover the full extent of losses they suffer as a direct result of Best Buy's negligence or system failures.
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
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