Terms of Use

Terms of Use

READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to use of the Cowboom website located at www.cowboom.com ("Site"). The Site is the property of Best Buy Stores, L.P. (together with its parents, subsidiaries, affiliates and designees “Best Buy”). By using the Site, you agree to be bound by the Terms of Use. If you do not agree to all of the terms, please do not use the Site.

Cowboom reserves the right, at its sole discretion, to change, add or remove portions of the Terms of Use, at any time and without notice. It is your responsibility to check the Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all purchases by you will be subject to the Terms of Use. As long as you comply with the Terms of Use and any such modifications, Cowboom grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

  1. Cowboom Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Cowboom, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in the Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Cowboom's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Cowboom reserves all rights not expressly granted hereunder. Cowboom expressly disclaims all responsibility and liability for uses by you of any Content or User Content (as defined below) obtained on or in connection with the Site. Cowboom is a registered trademark or service mark of Best Buy. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Cowboom. All other trademarks or service marks are property of their respective owners. The use of any Cowboom trademark or service mark without Cowboom's express written consent is strictly prohibited.
  2. User Content. You are solely responsible for the comments, photographs, videos and other content that you post or publish on the Site ("User Content"). You represent and warrant that (a) you own or have the necessary licenses, rights, consents, and permissions to use the User Content, to include the User Content on the Site, and to permit other users to use and download or print copies of the User Content, (b) you authorize Cowboom to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content, and (c) you will not submit User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant Cowboom all of the license rights granted herein. You retain all of your ownership rights in your User Content. By posting User Content on the Site or otherwise submitting it to Cowboom, you hereby grant Cowboom a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, reformat, excerpt (in whole or part) and translate the User Content for any purpose in connection with the Site, its business and the promotion thereof or any other purpose in any media format and through any media channels, and to grant and authorize sublicenses of the foregoing. You also hereby grant each Site user a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted by the Terms of Use. The above licenses granted by you in User Content are perpetual and irrevocable. Cowboom may remove User Content at any time. You agree that Cowboom may retain archival copies of User Content that has been removed or deleted.
  3. Registration; Customer Accounts. Certain services offered on or through the Site require you to first open a customer account ("My Account"). You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify Cowboom immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Cowboom or any other user of the Site due to someone else using your password or account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your My Account will be terminated. You agree to provide Cowboom with accurate, current and complete information about yourself and your billing information as prompted by the registration process, and to keep that information up-to-date. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link.
  4. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in the Privacy Policy, you must disclose certain personally identifiable information to use the Site, register, and make purchases. As a condition of registering with the Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read the Privacy Policy and consent to the collection, use and disclosure of your personally identifiable information and non-personally identifiable information as described in the Privacy Policy. The Privacy Policy may change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review the Privacy Policy prior to making any purchases. While Cowboom takes reasonable steps to safeguard and to prevent unauthorized access to your information, Cowboom cannot be responsible for the acts of those who gain unauthorized access, and Cowboom makes no warranty, express, implied, or otherwise, that Cowboom will prevent unauthorized access to your information. IN NO EVENT SHALL BEST BUY OR COWBOOM NOR THEIR PARENTS, SUBSIDIARIES, AFFILIATES OR DESIGNEES NOR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES, LICENSEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") NOR THEIR SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER COWBOOM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
  5. Intended Users. The Site is intended for use by individuals over the age of 13. Cowboom will not knowingly collect personally identifiable information from visitors under the age of 13.
  6. User Conduct. You are solely responsible for the content and context of any materials, including but not limited to User Content, you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false of misleading indications or origin or statements of fact. You further warrant and agree that you will not: (i) use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content or User Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content or User Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; or (ii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
  7. Monitoring. You agree that Cowboom has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site. Notwithstanding this right, Cowboom does not and cannot review all materials posted on the Site by users and Cowboom is not responsible for any materials posted by users.
  8. Copyright Infringement Claims. In appropriate circumstances and in its sole discretion, Cowboom may suspend or terminate the access of and take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Cowboom by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512):

    • A physical or electronic signature of 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 Cowboom to locate the material;
    • Information reasonably sufficient to permit Cowboom to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
    • 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; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    The notification should be sent to Cowboom’s copyright agent:

    Mail:
    DMCA Agent
    Best Buy Enterprise Services, 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.
  9. Consent To Communication With You By E-Mail. By establishing a My Account with Cowboom, and each time you make a purchase through the Site, you grant permission for Cowboom to contact you at your e-mail address. To stop receiving Cowboom’s marketing emails, send an e-mail to Cowboom at optout@cowboom.com or follow the opt-out procedures set forth in such marketing emails.
  10. Conditions of Sale and Payment Terms. To purchase any goods and/or services on the Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on the Site, you must provide Cowboom with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to Cowboom, you hereby agree that you authorize Cowboom to charge your card the purchase amount. Generally, credit cards are not charged until Cowboom ships the item or you initiate the digital download of the product. However, Cowboom may pre-authorize your order amount with your credit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information. All charges from those sales are subject to the Cowboom Return Policy.
  11. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, Discover, American Express, or PAYPAL. In the future Cowboom may accept other methods of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not the Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT COWBOOM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Cowboom of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Cowboom does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Cowboom or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Cowboom is a Best Buy company and shall automatically charge and withhold the applicable sales tax in all 50 United States for orders.
  12. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify Cowboom’s acceptance of your order, nor does it constitute confirmation of Cowboom’s offer to sell. Cowboom reserves the right at any time after receipt of your order to accept or decline your order for any reason. Cowboom further reserves the right any time after receipt of your order, without prior notice to you and for any reason, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Cowboom upon its delivery of products or services that you have ordered. Cowboom may require additional verifications or information before accepting any order.
  13. No Responsibility To Sell Mispriced Products Or Services. Cowboom shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Cowboom shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Cowboom shall immediately issue a credit to your credit card or PAYPAL account in the amount of the charge. Individual bank policies will dictate when this amount is credit to your account.
  14. Modifications to Prices or Billing Terms. COWBOOM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
  15. Price Comparisons, "List Price". Price comparisons may be made throughout the Site to indicate the relative savings amounts of Cowboom’s pricing. "LIST PRICE" is the suggested retail price provided to Cowboom by its suppliers. Cowboom makes no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because Cowboom sells its merchandise over the internet on a national basis, it is not possible to know if its merchandise is sold at list price in any particular location or at any particular time.
  16. Service and Support for Goods Sold. ALL ITEMS ARE SOLD AS IS WITHOUT WARRANTY FROM COWBOOM OF ANY KIND. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
  17. Return Policy. All sales made through the Cowboom Web site are subject to Cowboom's Return Policy. For a complete explanation of the return policy, please see Return Policy.
  18. Indemnification. You agree to indemnify and hold harmless Cowboom and its Affiliates and their successors and assigns, and other users from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your use of the Site, your violation or alleged breach of the Terms of Use, your dispute with another user, the unauthorized access to the Site using you’re my Account or password, or your violation of any law, regulation or third-party right.
  19. DISCLAIMER OF WARRANTIES. BEST BUY STORES, L.P. D/B/A DEALTREE ("DEALTREE") DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION) IS PROVIDED AND ALL PRODUCTS ARE SOLD THROUGH THIS SITE ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING BY DEALTREE. DEALTREE DOES NOT WARRANT THAT THE SITE (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION) WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY HONORED BY THE MANUFACTURER OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  20. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND ANY CONTENT, USER CONTENT OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL COWBOOM OR ITS AFFILIATES OR THEIR SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT, USER CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, USER CONTENT AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF COWBOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING ELSE IN THE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT COWBOOM SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO COWBOOM BY YOU IN THE IMMEDIATELY PRECEDING SIX (6) MONTHS. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF COWBOOM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
  21. Termination. Cowboom may terminate your my Account or access to the Site at any time, for any reason, without notice, in its sole discretion. You are personally liable for all orders placed and charges incurred prior to termination. YOU AGREE THAT COWBOOM WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR YOUR MY ACCOUNT. Cowboom reserves the right to change, suspend or discontinue any or all aspects of the Site at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.
  22. General. No delay or failure to take action under the Terms of Use shall constitute any waiver by Cowboom of any provision of the Terms of Use. If any provision of the Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of the Terms of Use will continue in full force and effect. The Terms of Use will bind and inure to the benefit of Cowboom's successors and assigns. Any claim under the Terms of Use must be brought within one (1) year after the cause of action arises. The Terms of Use shall be governed by the laws of the State of Minnesota without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Hennepin County, in the State of Minnesota. The Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate the Terms of Use shall be null and void. Cowboom may freely assign the Terms of Use without consent or notice. Except as expressly stated otherwise, all notices shall be given to Cowboom or its Affiliates or their successors or assigns at dmca.agent@bestbuy.com or to you at the email address you provide to Cowboom. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. The Terms of Use (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive agreement between Cowboom and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations of liability shall survive the termination of the Terms of Use.
  23. Contact Information. If you have any questions or comments about the Terms of Use, you can contact Cowboom by filling out our contact form or emailing us at support@cowboom.com.

Last modified: May 20, 2010