If you have a legal dispute with Best Buy, you generally cannot take them to court. Instead, you must use a private arbitration process to resolve the claim.
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
The clause establishes arbitration as the mandatory dispute resolution mechanism for covered claims, which alters the procedural framework through which contractual disputes between Best Buy and users are adjudicated.
Interpretive note: Enforceability of mandatory arbitration clauses in consumer contracts varies by jurisdiction and is subject to evolving federal and state law.
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 means that if Best Buy sells you a defective product or misrepresents a service, your primary legal remedy is a private arbitration process rather than a court lawsuit, which can limit discovery rights and the ability to appeal an unfavorable outcome.
How other platforms handle this
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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"Any dispute or claim relating in any way to your use of any Best Buy Service, or to any products or services sold or distributed by Best Buy or through bestbuy.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.— Excerpt from Best Buy's Best Buy Terms of Use
REGULATORY LANDSCAPE: This provision implicates the Federal Arbitration Act, which generally favors enforcement of arbitration agreements, and the FTC Act's prohibition on unfair or deceptive practices. The FTC has signaled increasing scrutiny of mandatory consumer arbitration clauses. State attorneys general in California and other states have challenged the enforceability of such clauses in consumer contracts under state consumer protection law, and enforceability may be limited depending on jurisdiction. GOVERNANCE EXPOSURE: High. Mandatory consumer arbitration clauses are subject to significant and evolving legal scrutiny. While the FAA generally supports enforcement, courts have carved out exceptions for unconscionable terms, and some states have enacted specific consumer arbitration protections that may override or limit this clause's application. JURISDICTION FLAGS: California, New Jersey, and several other states have statutes or case law that may limit enforceability of mandatory arbitration clauses in consumer contracts. EU and UK users may have additional protections under consumer rights frameworks that render such clauses unenforceable in those jurisdictions. Minors and users in regulated industries may have additional protections. CONTRACT AND VENDOR IMPLICATIONS: B2B or reseller agreements incorporating these terms by reference should be reviewed to assess whether the arbitration clause applies to commercial relationships and whether that aligns with standard commercial contract expectations. The clause asserts a liability-limiting effect by channeling disputes to arbitration, which may face challenge as an indemnification or liability shift in some commercial contexts. COMPLIANCE CONSIDERATIONS: Compliance teams should audit the arbitration opt-out mechanism for clarity, accessibility, and the adequacy of consumer notice. The arbitration administrator and rules referenced in the full document should be reviewed for consumer fairness standards. Any updates to FTC rulemaking on arbitration should trigger a review of this clause's continued enforceability and disclosure adequacy.
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The clause establishes arbitration as the mandatory dispute resolution mechanism for covered claims, which alters the procedural framework through which contractual disputes between Best Buy and users are adjudicated.
This clause means that if Best Buy sells you a defective product or misrepresents a service, your primary legal remedy is a private arbitration process rather than a court lawsuit, which can limit discovery rights and the ability to appeal an unfavorable outcome.
ConductAtlas has identified this type of provision across 9 platforms. See the full comparison.
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