Welcome to GreatCall. The GreatCall.com website, Lively by GreatCall, the GreatCall Link App, and any other GreatCall apps or mobile sites are collectively referred to herein as “GreatCall Properties” and individual as “GreatCall Property”. References to “GreatCall”, “Lively”, “our”, “we”, or “us” refers to Best Buy Health, Inc. d/b/a GreatCall.
We reserve the right to modify, amend, remove, or restate the Terms at any time without prior notice to you. Your use of any GreatCall Properties after the posting of modifications to these Terms will constitute your acceptance of the Terms as modified.
If you are a California resident and would like to learn more about your rights under California’s laws, please review our California Privacy Rights page. To review our California Privacy Rights page, click here.
Your Use of GreatCall Properties
By using GreatCall Properties, you represent that you have read and agree to be bound by these Terms. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the GreatCall Properties in accordance with these Terms, not to use the GreatCall Properties for illegal purposes or in manner inconsistent with these Terms, and not to interfere or disrupt the networks connected to the GreatCall Properties. You agree to use the GreatCall Properties solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree to promptly notify us upon becoming aware of any unauthorized access or use of the GreatCall Properties by any party or any claim that the GreatCall Properties infringes upon any copyright, trademark or other contractual, statutory or common law rights. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the GreatCall Properties. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You acquire absolutely no rights or licenses in or to the GreatCall Properties and materials contained therein other than the limited right to utilize the GreatCall Property in accordance with these Terms. Should you choose to download content from the GreatCall Properties, you must do so in accordance with these Terms. Such download does not transfer any other rights to you.
Restrictions on Your Use of GreatCall Properties/Proprietary Rights
GreatCall Properties contain material which is derived in whole or in part from materials supplied by us and various other sources. GreatCall Properties, including but not limited to their text, logos, content, photographs, database software programming, flash animations and programming, video, audio and graphics (the "Intellectual Property"), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the GreatCall Properties are also copyrighted works. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Intellectual Property you use, and you may not modify or alter the Intellectual Property, copy or post the Intellectual Property on any network computer, or broadcast the Intellectual Property in any media.
You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, display, upload, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Intellectual Property, in whole or in part. Any logos and other trademarks on the GreatCall website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by GreatCall and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
YOU MAY NOT USE THE GREATCALL PROPERTIES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.
GreatCall, Jitterbug, Lively, and 5Star are the registered trademarks of Best Buy and its affiliated companies. Alcatel is a registered trademark of Alcatel-Lucent, Enterprises. Samsung is a registered trademark of Samsung Electronics Co., Ltd.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of GreatCall products or services and to specific portions or features of the GreatCall website, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms and conditions posted for or applicable to a specific portion of the GreatCall website or for any GreatCall product or service, the latter terms shall control with respect to your use of that portion of the GreatCall website or that product or service. GreatCall’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the GreatCall website should be construed to alter such agreements.
GreatCall may make changes to any products or services offered on our website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the website with respect to products and services may be out of date, and GreatCall makes no commitment to update the materials on the website with respect to such products and services.
To review the terms and conditions that apply to specific GreatCall products or services, please visit www.greatcall.com/legal.
GreatCall provides the GreatCall Properties and all information, content, or material contained therein on an “AS IS” and “AS AVAILABLE” basis. GreatCall Properties could include technical inaccuracies or typographical errors and may be subject to periods of interruption. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY BEST BUY PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. We may make changes or improvements at any time.
We do not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the GreatCall Properties. All information contained on the GreatCall Properties has been obtained from sources believed by us to be accurate and reliable. The ads, press releases, and newsletters are also provided by the identified organizations. We do not edit or control the information we receive, although it may note obvious errors that have been discovered. Due to the possibility of human and mechanical error, we are not responsible for any errors or omissions.
Limitation of Liability
While we endeavor to maintain the highest professional quality of the GreatCall Properties we offer, we cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the GreatCall Properties even if there is negligence by us or an authorized representative of us; user has been advised of the possibility of such damages. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. Our total liability to you for all losses, damages, and causes of action in contract, tort (including without limitation, negligence, or otherwise) will not exceed the amount you paid to us to access the GreatCall Properties. There is currently no fee to access GreatCall Properties.
Third-Party Generated Content
GreatCall Properties may contain third-party content, including third-party reviews regarding GreatCall’s products and services originally posted on https://www.bestbuy.com. GreatCall has received the necessary permissions to re post such reviews. For further information regarding the copyright ownership rights of such content, please visit http://www.bestbuy.com. GreatCall is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such third-party content, nor is GreatCall responsible for errors or omissions in any references to other parties or their products and services. No reference made on or through the GreatCall Properties to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of GreatCall, constitutes or implies an endorsement, recommendation or favoring by GreatCall.
Policy Concerning Claims of Infringement
It is our policy to respond expeditiously upon receiving notice of claimed intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.
All notices of copyright infringement should be sent to us.
Notices of copyright infringement should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner 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 information reasonably sufficient to permit us to locate the material.
- The address, telephone number, or email address of the complaining party.
- A statement that the complaining party has 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, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We reserve the right to remove and/or disable access from the Service to web pages of repeat infringers and reserves the right to terminate all account holders and subscribers who are repeat infringers of intellectual property laws.
The GreatCall designated agent to receive notifications of claimed infringement can be reached by:
Best Buy Health, Inc. d/b/a GreatCall
Attn: DMCA Agent, Legal Department
10945 Vista Sorrento Parkway
San Diego, CA 92130
For additional information regarding this procedure, please reference 17 USC 512.
Access Outside the United States
We make no representation that the materials provided in GreatCall Properties are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the GreatCall Properties from other locations, you are responsible for compliance with applicable local laws.
Unsolicited Idea Submission Policy
GreatCall and any of its employees, independent contractors or agents, on behalf of GreatCall, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when GreatCall's products or marketing strategies might seem similar to ideas submitted to GreatCall. Please do not send your unsolicited ideas to GreatCall or anyone at GreatCall.
If, despite our request to not send us your ideas and work, you still send them, please understand that GreatCall makes no assurances that your ideas and work will be treated as confidential or proprietary, and the following terms will apply to your submission regardless of what your transmission states. You agree that: 1) your ideas and work will automatically become the property of GreatCall, and you agree to assign all rights in your ideas and work to GreatCall without any expectation of compensation, and 2) GreatCall can use, copy, and distribute the ideas and work for any purpose and in any way, without any payment to you.
GREATCALL HAS CHOSEN TO OFFER WIRELESS EMERGENCY ALERTS WITHIN PORTIONS OF ITS SERVICE AREA ON WIRELESS EMERGENCY ALERT CAPABLE DEVICES WHEN AVAILABLE. THERE WILL BE NO ADDITIONAL CHARGE FOR THESE WIRELESS EMERGENCY ALERTS. WIRELESS EMERGENCY ALERTS MAY NOT BE AVAILABLE ON ALL DEVICES OR IN THE ENTIRE SERVICE AREA, OR IF A SUBSCRIBER IS OUTSIDE OF GREATCALL’S SERVICE AREA. FOR DETAILS ON WHEN THE AVAILABILITY OF THIS SERVICE AND WHEN WIRELESS EMERGENCY ALERT CAPABLE DEVICES WILL BE AVAILABLE, PLEASE GO TO https://WWW.GREATCALL.COM. NOTICE REQUIRED BY FCC RULE 47 CFR 10.240 (COMMERCIAL MOBILE ALERT SERVICE).
Dispute Resolution by Binding Arbitration
ANY DISPUTE INVOLVING YOU AND GREATCALL OR ANY OF ITS AGENTS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW.
You and GreatCall each agree that, except as otherwise noted below, any Dispute arising out of or arising in any way from these Terms, any GreatCall Properties, or to any products or services sold or distributed by GreatCall, whether in a retail store, in your home, over the phone, or online, including, but not limited to, the advertising of or sales practices relating to such products and services, delivery, installation, and any communication, by whatever means, between you and GreatCall, will be resolved by binding, individual arbitration, rather than in court. The term “Dispute” as used herein shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with GreatCall and its subsidiaries, affiliates, and designees whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
BY AGREEING TO ARBITRATION, YOU AND GREATCALL UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS 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 AS A COURT WOULD.
YOU AND GREATCALL 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 GreatCall 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.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and service a copy of the demand on our designated agent CT Corporation System, 28 Liberty Street, New York, NY 10005. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879.The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law.
NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
If for any reason a claim must 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 section shall be governed by the Federal Arbitration Act. The laws of the State of California, without reference to its choice of laws principles, shall govern the interpretation of the Terms. The arbitrator shall decide all issues of interpretation and application of this dispute resolution section and the Terms. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.
These Terms will be governed and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of such courts. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Termination of Use
We may, in our sole discretion, terminate your use of the GreatCall Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any GreatCall Properties at any time without prior notice.
Effective Date: June 23, 2020.