Best Buy API Terms of Service
Last updated, February 23, 2021
These Terms of Service (the "Terms") apply to your use of the Best Buy Developer API service (the "Service") and any and all data, text, images, trademarks and logos, software, documents and other materials transmitted via the Service (the "Content"), including without limitation any application programming interface offered through the Service ("API"). THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES; PLEASE READ IT CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THE TERMS, YOU SHOULD NOT USE THIS SERVICE. Reference to the "Service" in these Terms includes the Content and the API, unless stated otherwise.
Please read these Terms carefully. BestBuy.com, LLC ("Best Buy," "we," or "us") provides the Service to you subject to the Terms. By registering for or using the Service, you agree to these Terms together with the Best Buy Developer API Branding Guidelines, the Terms and Conditions, Privacy Policy and California Privacy Rights that govern the use of www.bestbuy.com website and its associated digital properties such as mobile and voice applications (collectively the “Website”), and, if you are an Affiliate of www.bestbuy.com, your applicable Affiliate publisher agreement (collectively referred to as the “Governing Agreements"). To the extent of any conflict between any of the other Governing Agreements and these Terms, these Terms will control with respect to this Service.
As used in these Terms, "Related Entity" means any entity that controls, is controlled by or is under common control with Best Buy.
Amendment; Termination
We may change the Terms at any time, by posting amended Terms on the Best Buy Developer website. The most current version of these Terms will supersede all previous versions. You must check the Terms for updates. If you do not agree to the Terms, or any changes to the Terms, you must stop using the Service. We may release subsequent versions of the Service and require you to obtain and use the most recent version. We may at any time terminate the Terms, your participation in the Service, or the Service, with or without notice to you.
Developer Accounts and Keys
To use the Service, you must create a developer account by submitting a completed registration form on the Best Buy Developer website. You may not sell, transfer, sublicense or otherwise disclose any key, secret, token, password, or other credential we issue you (each, a "Key") to any other party. If you become aware of any unauthorized use of your Keys, you will notify us immediately by submitting our contact form at https://developer.bestbuy.com/contact-us explaining the unauthorized use of your key. You are fully responsible for all activities that occur as a result of using your Keys, and for ensuring that the information you provide at registration ("Registration Data") is at all times accurate, current and complete. Your failure to provide accurate, current and complete Registration Data may result in us terminating your Key(s).
License Grant and Proprietary Rights
The Service, and all intellectual property rights in it (the "Best Buy Property"), is owned by Best Buy, its Related Entities, or its licensors. You do not acquire any right, title, or interest in or to any of the Best Buy Property through your use of the Service or the Content, or through these Terms, except as expressly set forth in the Terms. Subject to these Terms, and for as long as you have a current and valid Key, Best Buy grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to access and use the Service and the Content, solely in software application(s) you develop ("Applications") or on websites you create and/or operate and make available to customers through the internet, and in connection with offers to sell or sales of our products and services. Notwithstanding the foregoing, except in connection with use as an Affiliate or a separate signed agreement with us or our Related Entity, these Terms do not grant you any rights to Content specific to Games, CDs, DVDs, or Blu-ray titles.
Except as otherwise authorized under the Governing Agreements you will not reproduce, modify, sell, distribute, download, transmit, or create derivative works of the Service or the Content, in whole or in part, including modifying or removing any advertisements we may place in the Content. You will not use the Services or the Content on behalf of or for the benefit of any third party (such as other retailers) for the purposes of analyzing, receiving or reviewing information regarding Best Buy pricing, products or services
You will not modify, decompile, or reverse engineer any software or API, including, without limitation, source code and algorithms, that we or our Related Entities disclose to you, and you may not remove or modify any copyright or trademark notice, or other notice of ownership that appears on or in connection the Service and any Content.
License Grant to Best Buy
You hereby grant us, our Related Entities and Registered Users (as defined herein) a paid-up, royalty-free, nonexclusive, perpetual, worldwide, irrevocable right and license, to: (i) use your copyrights, mark(s), name(s), and logo(s) to publicize or advertise that you are using the Service (this may include use of your trademarks, screenshots of your Application and content, or other representations of your Application); and (ii) link to and direct users to your Application.
You represent and warrant that with respect to any information or Applications you create or provide you have full authorization to (i) transfer and (ii) permit the use of by Best Buy, and our Related Entities, Registered Users, and third-party providers.
Trademarks
BEST BUY, the BEST BUY logo, the tag design, BESTBUY.COM, GEEK SQUAD, MY BEST BUY, INSIGNIA, MAGNOLIA and all other names, marks, brands, logos, designs, trade dress, slogans, and other designations Best Buy or its Related Entities use in connection with its products and services (“Best Buy Trademarks”) are trademarks of Best Buy. All other trademarks and logos on this site are the property of their respective owners.
You will comply with the Best Buy Branding Guidelines. In addition, you may not remove or alter any Best Buy Trademarks, or co-brand your own products or material with Best Buy Trademarks, without our prior written consent. Your use of Best Buy Trademarks will inure to the benefit of Best Buy or our Related Entities, as applicable, and you will not incorporate any Best Buy Trademarks into your trademarks, service marks, company names, website addresses, domain names, or any other similar designations, for use on or in connection with products, services, or information.
Websites with Commerce
If your Application or website offers commerce (the ability to purchase products featured in the site or Application), then you will include Best Buy among the commerce options by allowing customers to purchase products from Best Buy either through the Commerce Gateway API or through a link to the Website. If your website includes multiple tiers of commerce options (such as featured partners), then you will include the Website in the first or primary tier of options, visible in the initial set of commerce options presented to the customer.
Additional Terms Specific to the Commerce Gateway API
Use of the Commerce Gateway API requires our pre-approval and may not be available to everyone.
If your Application or website utilizes the Commerce Gateway API to add products to a shopping cart and checkout without returning customers to the Website, this additional section applies to your use of the Service. You will include in any Application or website utilizing the Commerce Gateway API specific statement(s) and linking during the checkout process to notify customers of our Terms and Conditions, Privacy Policy, California Privacy Rights, Price Match Guarantees and other policies as applicable, that apply to their transaction with Best Buy. Specifically, you will include one of the following options next to the final submit button in your checkout process:
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If Best Buy is the only fulfillment partner you will include the following: "By selecting the "Submit" button you agree to Best Buy’s Terms and Conditions and Privacy Policy." The Terms and Conditions and Privacy Policy references must contain hyperlinks to the corresponding page on the Website.
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If Best Buy is one of multiple fulfillment partners, you will include the following: "By selecting the "Submit" button you agree Best Buy’s Terms and Conditions and Privacy Policy for those items fulfilled by Best Buy." The Terms and Conditions and Privacy Policy references must contain hyperlinks to the corresponding policies on the Website.
Failure to include this specific language may result in immediate suspension or termination of your API key.
Your Obligations and Conduct; Use of Services
Display of Content; Attribution and Goodwill
You must clearly and conspicuously attribute the source of all Content as received from Best Buy. You may not modify, obscure or otherwise disable the functioning of links to the Website or third-party applications or websites provided within the Content. You may not omit, modify or obscure the text, images, artwork, logos, copyright or similar notices or other aspect of any Content that you receive from the Service, but you may resize graphic images for purposes of display while maintaining the same relative proportions of the image.
Prohibited Uses
You may only use the Service and Content for purposes: (a) that are expressly permitted by the Terms; (b) that are not prohibited by any applicable third party contract, law, or regulation in the relevant jurisdictions; and (c) that comply with all our applicable policies and guidelines, which we make available to you. You will not use the Service, or any portion thereof, to:
- transmit spam or upload, post or otherwise transmit Content that is inaccurate, harmful, obscene, defamatory, racist or is otherwise offensive to others;
- store or cache any Content except on a temporary basis not to exceed seventy-two (72) hours solely as necessary to provide better response times for displaying such Content.
You will not use the Service in any way that:
- transmits software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- is injurious to the interests of Best Buy, any of its Related Entities, any licensors of the Content, or other users of the Service as determined by Best Buy in its sole discretion.
We may require you to immediately change or cease your display of any Content that we find unacceptable for any reason, and you will comply with any request from us to do so.
Content and Other Data Retention
Your Obligations
You are responsible for adequate protecting and backing up of data and/or equipment used by you in connection with the Service.
We have no obligation to provide you or your users with support, software upgrades, enhancements, or modifications to the Service. You are solely responsible for providing user support and any other technical assistance for your Applications. We may redirect users and potential users of your Application to your email address on your account for purposes of answering general Application inquiries and support questions.
You will provide us with access to your Application and/or other materials related to your use of the Service as we may reasonably request to verify your compliance with these Terms. We may crawl or otherwise monitor online Applications and you will not block or interfere with these efforts.
Indemnity
You will indemnify and hold us and our Related Entities harmless from any losses, expenses, costs or damages (including our legal fees and other costs of litigation) suffered or incurred by us, our Related Entities, and our shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives, that is in any manner related to any claim, demand, or action based upon your content or Application, your use of or connection to the Service, your violation of the Terms, or your violation of any rights of another (together, your "Use") or use of the Service by a third party where you have provided, permitted, or procured such third party access.
No Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. WE PROVIDE THE SERVICE ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE EXTENT PERMITTED BY LAW, WE AND OUR RELATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR RELATED ENTITIES MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SERVICE.
WE AND OUR RELATED ENTITIES MAKE NO WARRANTY OR REPRESENTATION THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (d) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR (e) ALL ACCESS TO CONTENT OR SERVICES WILL BE AUTHORIZED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SERVICE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, BEST BUY AND ITS RELATED ENTITIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF BEST BUY OR ANY OF ITS RELATED ENTITIES HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. BEST BUY AND ITS RELATED ENTITIES DO NOT SEEK TO EXCLUDE OR RESTRICT ITS LIABILITY FOR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE.
Dispute Resolution by Binding Individual Arbitration
ANY DISPUTE INVOLVING YOU AND BEST BUY OR ANY OF ITS AGENTS MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS FOLLOWS:
- ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
- ANY DISPUTE TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
“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 – including, but not limited to, GreatCall, Lively, Geek Squad, Magnolia, and Pacific Sales – whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving rise to a covered claim include, without limitation: (1) your use of Best Buy’s websites; (2) your membership in any Best Buy loyalty or rewards program (e.g., My Best Buy®) or subscription-based services (e.g., Total Tech Support); (3) your receipt of delivery, repair or installation services or consultation services provided by Best Buy or its agents; (4) any communications between you and Best Buy; (5) application for financing; and/or (6) your purchase of products or services offered, sold, or distributed by Best Buy including, but not limited to, any Dispute arising from the advertising of, or the sales practices related to, such products and services. If you are a My Best Buy® member, Dispute shall also include all disputes that arose before your enrollment in, and after the cancellation or termination of, the My Best Buy® program, including any claims that are the subject of a purported class action litigation.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. You may serve a copy of a demand on our registered agent CT Corporation System, Inc., 100 South Fifth Street, Suite 1075, Minneapolis, MN 55402. The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules; however, we will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 except where (1) the claims fall within the jurisdictional scope and amount of an appropriate small claims court and, despite the requirement in this provision that such claims be brought in small claims court, you instead filed with AAA; or (2) the arbitrator determines your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Best Buy for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
YOU AND BEST BUY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive 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. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and Best Buy agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
If for any reason a claim may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.
This dispute resolution provision shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, any membership programs or subscription services. Any amendments to this dispute resolution provision shall not affect any then active or pending arbitration proceeding.
Independent Developments
We may independently create applications, content and other products or services that may be similar to or competitive with your Application and its content, and nothing in this Agreement will restrict or prevent us from creating and fully exploiting such applications, content and other items, without any obligation to you. If you elect to provide us with any feedback, you assign all right, title and interest in and to such feedback to us, and we may use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account.
General Terms
Any breach of the Terms by you may result in irreparable harm to us for which damages would be an inadequate remedy and, therefore, we will be entitled to equitable relief, including injunctive relief, if such a breach occurs. You waive any requirement for the posting of a bond or other security if we seek such an injunction.
The Terms, together with the Governing Agreements, constitute the entire agreement between you and Best Buy relating to the Service, and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized Best Buy representative. You may not assign, sublicense, delegate or otherwise transfer the Terms or any right granted hereunder.
