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, and its related services, products, and software (collectively, the "Site"). The Site is the property of Best Buy Stores, L.P. (together with its parents, subsidiaries, affiliates and designees, collectively “Best Buy”). By using the Site, you agree to be bound by the Terms of Use. You also accept the Terms of Use when you create an account, sign in as a guest, or log into the Site. If you do not agree to the Terms of Use, you should 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 review the Terms of Use each time you use the Site. Your continued use of the Site following the posting of changes means 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 content included on or comprising the Site, including information, data, media (downloaded or samples), software, graphs, typefaces, text, images, graphics, user interfaces, music, sounds, videos, photographs, trademarks, logos, artwork and other material (collectively, "Content"), is owned by or licensed to Cowboom, and is protected by copyright, patent, trade dress, trademark or other proprietary rights. All Content is protected as a collective work under U.S. and international copyright laws, and Cowboom owns, to the fullest extent allowed by such laws, the copyright in the design, selection, coordination, arrangement and enhancement of all Content. You may use the Site and the Content only for personal and limited commercial use and you must retain all copyright, trademark and other proprietary notices contained in any Site material you use. Except as expressly provided in the Terms of Use, no part of the Site and no Content may be copied, reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, modified or 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. Unless Cowboom separately gives you permission, 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. 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, the Cowboom 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 Cowboom and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner. The use of any Cowboom trademark or service mark without Cowboom's express written consent is strictly prohibited.
  2. User Content. You may interact with the Site and Cowboom in numerous ways, including Feedback forums, e-mail communications, and by submitting reviews, ratings, and questions. 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, sublicensable and transferable right and license to use, modify, reproduce, transmit, publish, distribute, prepare derivative works of, display, perform, reformat, delete, excerpt (in whole or part) and translate the User Content and any information (except order information sent via e-mail or phone) or materials you send to Cowboom 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. You also grant Cowboom the right to use the name you use when you submit User Content to Cowboom, in connection with that User Content. When you submit User Content to Cowboom, you will disclose any affiliation you have with Cowboom and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing. 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. Cowboom has no responsibility for any activities that occur under your account and password. 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. Privacy. Your use of the Site is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.
  5. Intended for Users Over 13. Cowboom provides the Site for use by individuals 13 years of age and older. If you are under the age of 13, you may use the Site only with the assistance of a parent or guardian. 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 may only use the Site 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 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) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (c) contain false or misleading indications of 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; (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; (iii) use the Site for unintended purposes or try to change the behavior of the Site; (iv) attempt 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”; (v) forging any TCP/IP packet header or any part of the header information in any e-mail; or (vi) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of Cowboom, including promotions and/or advertising of products or services. Cowboom 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, 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 Cowboom provides and generally publicly available browsers.
  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. If you believe that your copyrighted material has been infringed and is accessible on the Site, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, please provide the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512) in writing to Best Buy’s Copyright Agent:

    • 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 you, such as an address, telephone number, and if available, an 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; and
    • 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.
    Best Buy’s 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.
  9. 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. For digital items, Cowboom chargers your card when you initiate the download of the product or the product is placed in your account and available for use.
  10. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, Discover, American Express, PAYPAL, or Amazon Payments. 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.
  11. Order Acceptance Policy. Cowboom’s order confirmation to you does not signify Cowboom’s acceptance of your order, nor does it constitute confirmation of Cowboom’s offer to sell. At any time after receipt of your order, Cowboom may accept, decline or place quantity or other limits on 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. Cowboom may impose these limits on a per-person, per-household, per-order, or any other basis. If Cowboom rejects, limits, or otherwise modifies your order, Cowboom will attempt to notify you using the e-mail address you provided. If Cowboom cancels an order or part of an order that it has already charged you for, Cowboom will refund you the full amount of the cancelled portion of the order. Otherwise, your order will be deemed accepted by Cowboom upon its delivery of products or services that you have ordered. Cowboom may require additional verification or information before accepting any order.
  12. Errors on Our Site; No Responsibility To Sell Mispriced Products Or Services. Cowboom tries to be as accurate as possible. However, Cowboom does not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change. Cowboom cannot confirm the availability or price of an item until you place your order. Despite Cowboom’s best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of those reasons, 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 has been 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 credited to your account.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMISSABLE BY APPLICABLE LAW, 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, MATERIALS, PRODUCTS, SERVICES AND INFORMATION) IS PROVIDED AND ALL PRODUCTS ARE SOLD THROUGH THIS SITE ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING BY DEALTREE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. DEALTREE DOES NOT WARRANT THAT ACCESS TO THE SITE (INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, PRODUCTS, SERVICES AND INFORMATION) WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WITH THE SITE WILL BE CORRECTED, OR THAT OUR SERVERS OR ELECTRIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY HONORED BY THE MANUFACTURER OF THE PRODUCT. IN NO EVENT SHALL DEALTREE, COWBOOM OR THEIR AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING 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 USE OF THE SITE, THE TERMS OF USE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES (INCLUDING PRODUCTS, SERVICES, CONTENT, USER CONTENT AND/OR DIGITAL DOWNLOADS), 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 DEALTREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING ELSE IN THE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT DEALTREE 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 ADDRESSES THAT ARE INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF DEALTREE. 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.
  19. 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. Cowboom does 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 Cowboom site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The terms of use and privacy policy of any Third-Party Site may differ substantially from the Terms of Use. Please review the terms of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of the Third-Party Sites.
  20. Export. Certain software or other materials ("Software") that you may obtain through the Site may be further subject to export controls. You will comply with all applicable export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restrictions or regulations.
  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 giving effect to any principles of conflicts of laws. 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 06, 2015