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
If something goes seriously wrong as a result of using BestBuy.com, such as a data breach causing financial harm or a transaction error, this clause limits the types of damages you can recover from Best Buy in a legal proceeding.
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 …
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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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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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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If something goes seriously wrong as a result of using BestBuy.com, such as a data breach causing financial harm or a transaction error, this clause limits the types of damages you can recover from Best Buy in a legal proceeding.
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 228 platforms. See the full comparison.
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