1. The Terms
These are the terms (“Terms”) that govern your Everyday Support for Caregivers subscription purchased from Best Buy Health, as further described in these Terms (the “Service”). The words “we,” “us,” “our” and “Best Buy” or “Lively” refer to Best Buy Health, Inc. and/or its affiliates. “You” or “your” refers to the person that is financially responsible the subscription.
Note that this is an automatically renewing subscription. For more information on this, see Section 4.
These Terms include a binding arbitration agreement, class action waiver, and jury trial waiver that affect your rights. In arbitration, there is no judge or jury and less discovery and appellate review than in court. Please carefully review Section 12 regarding dispute resolution below.
2. Your Everyday Support Subscription
The Service entitles you to a range of curated third-party provided services aimed at supporting caregivers. In particular, the Service brings together caregiving guidance, protection, and savings through (a) a personalized care concierge service through Wellthy, (b) Norton scam and fraud protection, (c) ordering and delivery from grocers and restaurants through Instacart, (d) an AARP membership; and (e) any other third party services or subscriptions that we make available to you (each, a “Partner”). The scope of the Service, including the specific third-party services and subscriptions included, may change from time to time upon written notice to you. For a complete and up-to-date description of the Service, see https://shop.lively.com/pages/everyday-support-for-caregivers.
After purchasing the Service, you will receive activation links by email for each Partner. Benefits can be used after account creation and onboarding with each Partner. Best Buy will collect payment from you for your subscription to the Service and remit payments to each Partner for your eligibility to use each Partner service. Your access to and use of the services from each Partner is subject to your agreement to the applicable terms of service published by each Partner (the “Partner Terms”). Best Buy is not responsible for the delivery of any Partner provided services or benefits, or your receipt of such services or benefits.
3. Eligibility of Subscription Benefits
Your subscription to the Service cannot be transferred. Access privileges to the various services and benefits are determined by the Partner Terms.
4. Automatic Renewal; Cancellation
a. Automatic Renewal. Your plan will continue indefinitely on a month-to-month or year-to-year basis, as applicable, until cancelled or not renewed by you or us in accordance with these Terms. At our discretion, we may discontinue the renewal of your auto-renewing plan on at least 30 days’ prior written notice or offer you a new contract. For yearly auto-renewing plans, we will remind you in advance of the renewal of your subscription by sending a message to the email address that you have provided to us. Subject to our responsibility to inform you in advance of a change in price, your designated payment card (or bank account, if applicable) will be charged the amount of the then-current price of the subscription if you do not cancel prior to the applicable renewal date.
b. How to cancel / non-renew. You may cancel the Service by opting out of automatic renewals by accessing your account at account.lively.com or by calling 800-204-4210. Your Service will remain active until the expiration of your current billing term, at which time you will lose access to the included third-party services and benefits. No refund will be issued except as provided in Section 4(c).
c. Cancellation within 30 days of an automatic renewal date. You can cancel and get a refund for the amount charged on the renewal of a yearly plan if you cancel within 30 days of the renewal date. In this case, the Service will be cancelled retroactively to the expiration date of your prior term.
d. Cancellation or Suspension of Service by Us. The subscription you purchased may be cancelled by us due to your failure to comply with or fulfill any material obligation under these Terms, your fraud or material misrepresentation, or your nonpayment of any amounts owed to us under the subscription (“Non-Payment Event”). We may also suspend performance of our obligations while a Non-Payment Event exists or any other situation where you failed to pay us an amount that is due or where you failed to comply with or fulfill any other material obligation under these Terms.
5. Change of terms or subscription price
We reserve the right to change these Terms or the price of the subscription at any time upon 30 days’ notice to you.
6. Communications
You agree to receive electronic delivery of the Terms, which will be deemed delivered to when sent to you via a link in the email address you provide to us. Further, we may send you any notice contemplated under the subscription by email to the email address you have provided to us or to the postal address we have on file for you including communications regarding cancellations, renewals of your yearly auto-renewing plan, and changes in terms or price. It is your responsibility to contact us at 800-204-4210 to update your email address if necessary. We may also call or text you at any phone number that you provide us (including any mobile number) for any reason relating to your Service. Calls may be live or pre-recorded and calls or texts may be made via automated dialing system. Voice and data rates may apply.
7. Bundled Plans
If you buy the subscription and receive a discount off the regular price as a result of a bundling offer and later return or cancel a plan, service, or subscription that was part of the bundle, you will lose the benefit of the discount received on the price of this subscription or any other items that you keep and that formed part of the bundle.
8. How to get our help
To obtain help with your Everyday Support subscription, please call 800-204-4210 Monday–Friday 7 a.m.–10 p.m. and Saturday-Sunday 9 a.m.– 7 p.m (ET). You can also find answers to common questions in our Help Center. For questions or issues with your use of any of the services offered by a Partner, you should contact the Partner directly.
9. Privacy policy
It is our policy to respect the privacy of our customers. For information on our privacy practices, please review our Privacy Policy.
10. Disclaimer of warranties
Best Buy disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose.
11. Limitation of liability
To the maximum extent permitted by law, (a) We will under no circumstances be liable to you for any indirect, incidental, special or consequential damages, or the failure to maintain the confidentiality of data, any loss of business, profits, revenue or anticipated savings, resulting from our obligations under these Terms; and (B) our total liability under these Terms shall not exceed the fees you have paid for the subscription including taxes. The limitations in this Section will not limit or exclude liability caused by our gross negligence, intentional misconduct or fraud.
12. Dispute Resolution (including Arbitration Agreement, Class Action Waiver and Jury Trial Waiver)
IMPORTANT: 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 Best Buy, its agents, and its present and future subsidiaries, affiliates, and designees, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory to the fullest extent permitted by the Federal Arbitration Act. Examples of relationships or interactions giving rise to a covered claim include, without limitation: (1) any Device, Product, or Service offered, sold, distributed, or provided by Best Buy; (2) your account, billing, or service relationship with Best Buy; (3) any communications or interactions between you and Best Buy; and (4) any advertising, marketing, sales, or other business practices relating to a Device, Product, or Service. Dispute shall also include all disputes that arose before your activation of, enrollment in, or use of any Device, Product, or Service, and after the cancellation, termination, expiration, or other conclusion of your Device, Product, or Service relationship with Best Buy, 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 the 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 this Agreement or any prior version of this Agreement (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 this Agreement. Dispute, however, does not include disputes or claims seeking to enjoin the misuse of intellectual property rights (patents, copyrights, trademarks, and trade secrets), 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 this Agreement; (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; (3) issues that relate to the arbitrability of any Dispute; and (4) disagreements as to whether this or a different version of the arbitration agreement applies to a Dispute. This Agreement and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and Best Buy agree that this Agreement evidences 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 Best Buy agree to work together in an effort to informally resolve any Dispute that might arise between you and Best Buy. 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. The party initiating the Dispute must send the other a written notice of the Dispute, personally signed by the party initiating the Dispute (and their counsel, if represented) that includes all of the following information ("Notice"): (1) the party’s name and contact information (address, telephone number, and email address); (2) specific information sufficient to identify any Device, Product, Service, account, interaction, and/or transaction at issue, including any relevant purchase receipts or account information, if applicable; 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. If you have the Dispute with Best Buy, you must send this Notice to Best Buy at CT Corporation System, Inc., 1010 Dale Street North, St. Paul, MN 55117-5603 or by email to Arbitration@BestBuy.com. If Best Buy has the Dispute with you, Best Buy 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 or video settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Best Buy 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 the Dispute 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 Notice through the conclusion of this Mandatory Informal Dispute Resolution Process. You or Best Buy may commence arbitration only if the Dispute is not resolved through this process.
Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of JAMS including the JAMS Streamlined Arbitration Rules & Procedures and any Mass Arbitration Procedures & Guidelines applicable to the Dispute (collectively, the “JAMS Rules”), as modified by this arbitration agreement. The JAMS Rules are available at www.jamsadr.com/adr-rules-procedures/. If JAMS is unable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an alternative administrator that will do so. If the parties cannot agree on an alternative provider that will do so, the parties shall petition a court of competent jurisdiction to appoint an arbitration provider that will do so. An arbitration demand must be accompanied by a copy of the Notice, a certification of compliance with the Mandatory Informal Dispute Resolution Process, and a disclosure of all persons or entities with a stake or financial interest in the arbitration, and be personally signed by the party initiating the arbitration (and counsel, if represented). By submitting an arbitration demand, the party (and counsel, if represented) represents that, as in federal court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. The arbitrator shall be selected through a strike-and-rank process. Any Dispute seeking $12,500 or more or injunctive relief shall have an in-person or video hearing if the respondent requests one. You and Best Buy reserve the right to request a hearing from the arbitrator in any matter where a hearing is not required. An arbitrator may require a party to personally appear at an early case management conference (with counsel, if represented), including to confirm that the arbitration is authorized. You and a Best Buy representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award, on an individual basis, any relief that would be available in court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and Best Buy agree that each may bring claims against the other only in your or Best Buy’s individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless you and Best Buy agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator shall follow and enforce this Agreement as a court would. 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. The arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been fully satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding involving non-identical parties.
Costs of Arbitration. Payment of all arbitration fees will be governed by the JAMS Rules. You and Best Buy agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or Best Buy may elect to engage with JAMS regarding arbitration fees, and you and Best Buy 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 Best Buy 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 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. 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, increase or decrease the number of Disputes to be adjudicated, coordinate with a JAMS Process Administrator, and conserve the parties’ and JAMS's resources. You and Best Buy agree that a Process Administrator shall be appointed in any Mass Arbitration through a strike-and-rank process unless the parties agree otherwise.
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 JAMS 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 more than 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Best Buy shall each select 25 Disputes per side (50 total) to be deemed 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 50 or fewer Disputes, all shall proceed individually in Stage One). Each of the 50 (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 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 Best Buy 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 25 Disputes per side (50 total) to be deemed 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 50 Disputes, all shall proceed individually in Stage Two). No more than two 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 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 Best Buy 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, otherwise resolved, or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Agreement. 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. Counsel for the parties may also agree to have the Process Administrator determine a process for the continued administration of the remaining Disputes in arbitration through a staged or batched process that takes into account ensuring that arbitration remains fair, efficient, and cost-effective for all parties. 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 Agreement.
Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your individualized and personally signed written notice that includes your name, address, telephone number, email address (including any email address associated with your Lively account) and a clear statement that you wish to opt out of the changes to the arbitration agreement to the following address within 30 days of the change:
Best Buy Health, Inc.
CT Corporation System, Inc.
1010 Dale Street North
St. Paul, MN 55117-5603
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.
Class Action Waiver and Jury Trial Waiver
You and Best Buy each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and Best Buy agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
To the fullest extent permitted by applicable law, you and Best Buy waive the right to a jury trial.
13. Governing Law and Venue
Except with respect to the arbitration agreement as set forth above, the laws of the state of Minnesota will govern this Agreement and any disputes and claims between you and Best Buy without regard to Minnesota's conflict of law rules. Unless you and Best Buy agree otherwise, to the fullest extent permitted by applicable law, the state and federal courts that encompass Hennepin County, Minnesota, shall have exclusive jurisdiction over any disputes and claims (except for small claims court) that are not subject to arbitration, that are reserved for a court in this Agreement, or over any action that seeks to enforce or challenge the enforceability of the arbitration agreement or any other portion of the Agreement. You and Best Buy consent to the exclusive jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts because of (1) inconvenient forum or (2) any other basis or right to seek to transfer or change venue of any such action to another court.
14. Entire agreement
These Terms and your purchase receipt constitute the entire agreement between you and us with respect to the subscription and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of Best Buy have no authority (apparent, express, implied, or otherwise) to alter or modify these Terms – either orally or in writing.
