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WEBSITE TERMS OF USE

Welcome to the Pacific Sales website. By using the website and its related services, products, and software (collectively, the "Site") you agree to be bound by these terms ("Terms of Use"). Other terms may apply to your interactions with Pacific Sales stores, Pacific Sales areas of other Best Buy websites, Best Buy or Geek Squad® locations, and to your use of individual services or features available on the Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms of Use, the provisions of the additional terms will govern. References to "Pacific Sales," "our," "we," or "us" may refer to Pacific Sales Kitchen and Bath Centers, LLC and its affiliates, subsidiaries, and designees. References to "Best Buy," or "Geek Squad," may refer to Best Buy Co., Inc., BestBuy.com, LLC, Best Buy Stores, L.P., BBY Solutions, Inc., Best Buy Enterprise Services, Inc. and their affiliates (which includes Pacific Sales), subsidiaries, and designees. We may make changes to the Site and the Terms of Use. It is your responsibility to review the Terms of Use for updates or changes. If you do not agree with the Terms of Use, you should not use the Site.

To go directly to specific sections, please click below.

Use of the Pacific Sales Site
Privacy
Information on Our Site
Buying Products
Proprietary Rights
User Generated Content:Reviews, Comments, Communications, and Other Content
Notice of Copyright Infringement Under the Digital Millenium Copyright Act (DMCA)
Disclaimers and Limitation of Liability
Links to Third-Party Websites
Security
Disputes
Applicable Law
Termination of Use

Use of the Pacific Sales Site
We provide the Site for your personal, noncommercial use only. You may not use the Site if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Site only with involvement of a parent or guardian.

Privacy
Your use of the site is subject to our Privacy Policy. Please review the policy for more information on how we collect and use information.

Information on Our Site
We try to be as accurate as possible with the information we present on the Site. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

Buying Products
When you click a "Add to Cart" button on the Site, you'll add the product to your shopping cart on www.bestbuy.com (the "Best Buy Site") and the Best Buy Site's Terms and Conditions and Privacy Policy will govern any purchases you make and any interactions with the Best Buy Site. The Best Buy Price Match Guarantee, and Best Buy Returns and Exchange Policy will govern any purchases you make and any interactions with Best Buy Site. The Best Buy Price Match Guarantee, and Best Buy Returns and Exchange Policy also apply to purchases made in stores.


Proprietary Rights
All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Best Buy owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark and other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Pacific Sales logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Best Buy and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner..

User Generated Content:Reviews, Comments, Communications, and Other Content
You may interact with the Site and Pacific Sales in numerous ways, including Reviews & Ratings, videos, and e-mail communication. You hereby grant Pacific Sales a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you share with us throughout the world in any media including, when you allow Best Buy to feature, text and images shared through social media (e.g. Facebook™, Twitter™, Instagram™, Pinterest™). You also grant us the right to use the name and social media handle that you use when you share content with us, in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

If you believe that your copyrighted material may have been infringed, please provide our Copyright Agent with the following information in writing:

-A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
-Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
-Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
-Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address.
-A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Our designated agent to receive notifications of claimed infringement can be reached by:

Mail:
DMCA Agent
BBY Solutions, Inc.
B6-Legal Dept.
7601 Penn Ave. S.
Richfield, MN 55423


E-mail:
dmca.agent@bestbuy.com

Phone:
612-291-1000

Fax:
612-292-2323

For additional information regarding this procedure, please reference 17 USC 512.

Disclaimers and Limitation of Liability
PACIFIC SALES PROVIDES THE SITE AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

Links to Third-Party Websites
The Site contains links to other sites operated by third parties ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms of Use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Security
You are responsible for restricting access to your computer or device. You may use the Site only for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Site are prohibited.

You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of Pacific Sales, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.

Disputes
Any dispute or claim arising out of or relating in any way to your use of the Site, or to any products or services sold or distributed by Pacific Sales or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS OF USE AS A COURT WOULD.

To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent CT Corporation System, Inc., 100 South Fifth Street, Suite 1075, Minneapolis, MN 55402. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees (but not any attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, Pacific Sales will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. 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.

We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an 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 for any reason a claim proceeds 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.

We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.

Applicable Law
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS OF USE AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST PACIFIC SALES OR BEST BUY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITE.

Termination of Use
We may, in our sole discretion, block your use of the Site at any time. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

Last Updated July 14, 2017


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