Geek Squad Remote Services Terms and Conditions

APPLICATION AND ACCEPTANCE OF GENERAL TERMS OF SERVICE


By purchasing, using and/or receiving a Geek Squad web-based or remote technical support, data, repair or networking service (“Service”), you accept and agree to be bound by these Geek Squad Remote Services Terms and Conditions, as updated by Geek Squad from time to time (“Service Terms”).

These Service Terms, together with the terms of your purchase receipt, comprise the entire agreement between you and Geek Squad with respect to the Service 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 Service Terms – either orally or in writing.

References herein to “Geek Squad” are referring to Best Buy and/or Geek Squad and their affiliates, employees or third party service providers, as the case may be. References herein to “you”, “your” or “I” are references to the person purchasing, using and/or receiving the Services which are subject to these terms and conditions.

PREREQUISITES


To receive the Service, you will need a broadband or high-speed internet connection and modem. You will also need to provide information about the symptoms and causes of issues you are experiencing. You will need to respond to requests for information such as your product serial number, model, version of the operating system, and software installed, any peripheral devices connected to or installed on your product, any error messages displayed, the actions which were taken before your device began experiencing issues and steps already taken to try to resolve the issues.

If you require in-store services, you will be responsible for delivering and picking-up your device and will need to sign a service order disclaimer or other service terms, which are separate legal documents and do not form a part of these Service Terms.

ADDITIONAL COSTS


Additional costs and fees may apply to orders where the service required exceeds the scope of work for services already purchased. Geek Squad will provide you with notice of the cost of additional services prior to performing work beyond the Services already purchased.

NON-CANCELABLE


Unless otherwise stated in writing, all fees and charges are non-cancelable once service begins.

SOFTWARE


Geek Squad may use tools it deems necessary for Services, including remote access, and may install software that allows you to obtain additional technology services. For software installations, you authorize Geek Squad to accept End User License Agreements on your behalf.

PRIVACY POLICY


It is Geek Squad’s policy to respect the privacy of its customers. The information you provide to Geek Squad will be handled according to the Best Buy Privacy Policy available at www.bestbuy.com, by clicking the “Privacy” link at the bottom of the homepage. For information on Geek Squad’s privacy practices, please review the policy or call 1-800-GEEK SQUAD (1-800-433-5778).

CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA


You agree that prior to Geek Squad performing the Service it is solely your responsibility to back-up the data, software, information or other files stored on your product.

LIMITATIONS TO SERVICE


Geek Squad shall not be liable for any failure or delay in performance due to any cause beyond its control. Geek Squad reserves the right to refrain from providing the Services ordered on the basis that the minimum system requirements are not met or the technical needs or other requirements you have are unusual or extensive and beyond the scope of these Service Terms, as determined by Geek Squad.

DISCLAIMERS AND LIMITATIONS OF LIABILITY


THE SERVICE AND ALL INFORMATION, CONTENT, OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GEEK SQUAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT OR MATERIALS OBTAINED OR MADE AVAILABLE TO YOU THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND ALL INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GEEK SQUAD DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GEEK SQUAD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES ARISING FROM THE SERVICE OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE, EVEN IF GEEK SQUAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY CAUSED BY THE SERVICE, GEEK SQUAD’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, GEEK SQUAD’S MAXIMUM LIABILITY TO YOU ARISING FROM OR RELATED TO GEEK SQUAD UNDER THESE SERVICE TERMS WILL BE LIMITED TO THE SUMS PAID BY YOU TO GEEK SQUAD UNDER THESE SERVICE TERMS DURING THE THREE MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE. I HEREBY WAIVE ANY DATA LOSS OR MEDIA LOSS CLAIMS, WHETHER OR NOT I HAVE REQUESTED GEEK SQUAD ATTEMPT TO BACK UP MY DATA, AGAINST GEEK SQUAD AS UNDER NO CIRCUMSTANCES SHALL GEEK SQUAD BE LIABLE FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY DATA, OR LOSS OF ANY MEDIA FROM MY PRODUCT.

LIMITED SERVICES WARRANTY


Notwithstanding the foregoing, Geek Squad will correct, for no additional charge, any defects in workmanship of the Services within 30 days from the date you received the Services at your home or business or 30 days from the date you picked up your product following Services performed at a Geek Squad location; however, for repairs necessitated by a virus or spyware, this 30-day warranty is only valid if the antivirus and antispyware protection for your product is installed or updated during the repair or before you again connect to the Internet.

LAWS; INVALID TERMS


These Service Terms and any Services provided under these Service Terms will be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflicts of law provisions. If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

COMMUNICATION


PHONE CALLS & TEXTING: Geek Squad may call or text you at the phone number you provided (including any mobile number) should we lose connectivity during our chat session, to inform you about the status of your service and to obtain prior approval for services that will exceed the minimum approved amount stated on the service order. Calls may be live or pre-recorded and calls or texts may be made via automated dialing system. Voice and Data Rates May Apply.

NOTICES TO CALIFORNIA CONSUMERS


AN ESTIMATE AS REQUIRED (SECTION 9844 OF CALIFORNIA BUSINESS AND PROFESSIONS CODE) FOR REPAIRS SHALL BE GIVEN TO THE CLIENT BY THE SERVICE DEALER IN WRITING, AND THE SERVICE DEALER MAY NOT CHARGE FOR WORK DONE OR PARTS SUPPLIED IN EXCESS OF THE ESTIMATE WITHOUT PRIOR CONSENT OF THE CLIENT. WHERE PROVIDED IN WRITING, THE SERVICE DEALER MAY CHARGE A REASONABLE FEE FOR SERVICES PROVIDED IN DETERMINING THE NATURE OF THE MALFUNCTION IN PREPARATION OF A WRITTEN ESTIMATE OR REPAIR. FOR INFORMATION CONTACT THE BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, DEPARTMENT OF CONSUMER AFFAIRS, SACRAMENTO CA 95814.

A buyer of this product in California has the right to have the product serviced or repaired during the warranty period. The warranty period will be extended for the number of whole days that the product has been out of the buyer’s hands for warranty repairs. If a defect exists within the warranty period, the warranty will not expire until the defect has been fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond the control of the buyer, of if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement or a refund subject, in either case, to deduction of a reasonable charge for usage. This time extension does not affect the protections or remedies the buyer has under the laws. Geek Squad California Master Registration Number E-81713.

Last Revised: May 26, 2016