# cowtool Terms of Use cowtool LLC ("cowtool", "Cowtool", "we", "our", "us", the "Company"), a Limited Liability Company organized in the State of California, thanks you ("you", "your", "user", "User", collectively our "Users") for using our websites, apps, and other services (collectively, the "Services") located at cowtool.com and any other websites owned or operated by the Company. ## Acceptance and Changes of the Terms of Use ### Acceptance Your use of the Services provided by cowtool are subject to and governed by these terms of use ("Terms of Use" or the "Terms"). Please review the Terms of Use carefully before using any of the Services. Each time you access or use the Services, you agree to be bound by the Terms of Use. If you do not agree to be bound by the Terms of Use in their entirety, do not use the Services provided by the Company. Cowtool reserves the right to deny any and all access to any user at any time if we believe you do not comply with the Terms. ### Changes cowtool may, at any time and in its sole discretion, modify these Terms of Use. Users will be notified of a change to the Terms by a new version being posted on cowtool.com. It is the responsibility of each user to check and review the Terms of Use regularly. By accessing or using any of the Services subsequent to a modification of the Terms of Use, you have agreed to be bound by the latest version of the Terms at the time of your use of the Services including all modifications therein. ## Your use of the Services By using the Services, you represent and warrant that you have the legal right and ability to enter into these Terms and to use the Services in accordance with these Terms. You are responsible for all financial charges related to accessing the Services, including any and all internet service provider fees and charges. You agree to not assign or transfer any rights or obligations under these Terms to any third party. You represent and warrant that your use of the Services is for personal, noncommercial use only, and that each account may only be used by one natural person. Account sharing is not permitted. For clarity, use of any Services in connection with a commercial business operation, including, but not limited to, 'points brokers' and 'award travel consultants' is strictly prohibited under these Terms unless expressly authorized by cowtool in writing. Use of the Services by non-profit or charitable organizations for the purpose of providing humanitarian assistance is permitted. You agree that all use of the Services are for legitimate and lawful purposes only. You agree to not alter, modify, copy, transmit, distribute, display, reproduce, publish, perform, license, transfer, create derivative works from, or sell any information obtained from the Services without the express written permission of cowtool. You also agree that you will only access the Services using an interactive web browser session and that all actions are taken by a human. Use of any automated tool, process, or service to retrieve data from the Services is prohibited. You agree that you will not use the Services in such a way that would impose an unreasonable burden on our infrastructure. Access to the Services is at cowtool's sole discretion, and access may be restricted, throttled or revoked, temporarily or permanently at any time and without notice, and without any liability to you. ## Disclaimer of Liability The information provided by the Services may contain errors (including typographical errors), omissions, or other inaccuracies, and may be out of date. cowtool makes no commitments to update or correct any errors or inaccuracies on any timeline, nor do we warrant or guarantee that our Services will operate uninterrupted and error-free, or operate at all. cowtool may make changes to its Services, including changes that may remove, limit, or materially alter functionality that previously existed, at any time and without prior notice. cowtool makes no representations or warranties as to the accuracy, completeness, or suitability of any information provided by its Services to any user for any purpose. All information provided by the Services is done so "as is" and "as and when available", without warranty of any kind. cowtool hereby disclaims all warranties and conditions with regard to the information provided by the Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, to the fullest extent permitted by law. For additional clarity, cowtool also hereby disclaims all liability in relation to any user's reliance on information provided by the Services that cause or give rise to the user performing irreversible actions, including, but not limited to, the purchase of redeemable currency such as "miles" or "points" in a loyalty program or scheme, or the transfer of currencies between loyalty programs or schemes, with the purpose of redeeming for an air travel reward that is not able to be booked, the incurrence of transaction fees, change fees, and cancellation fees imposed by an airline or loyalty program or scheme, and the purchase of other nonrefundable travel arrangements. In no event will cowtool, including its parents, affiliates, subsidiaries, members, shareholders, officers, employees, agents, vendors, suppliers, licensees, contractors and consultants, that exist now, in the future, or have existed in the past (collectively, "cowtool et al") be liable for any direct, indirect, punitive, incidental, special, economic, exemplary, or consequential damages arising out of, or in any way related to the use of, the delay or inability to use the Services, including, but not limited to, any failure to perform, error, omission, interruption, deletion, defect, delay in operation, computer malfunction, virus, malware, damage to any computer, computer networks, mobile devices, or other property, unauthorized access to or use of data, whether such injuries or damages are based in contract, tort, strict liability, or otherwise, even if cowtool et al have been advised of the possibility and/or extent of such injuries or damages. Some jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages, and therefore the above limitation as it relates to incidental or consequential damages may not apply to you. ## Indemnity As a condition of you using the Services, you agree to indemnify and hold harmless cowtool et al from and against any and all claims, liabilities, expenses (including reasonable legal fees), suits, demands, actions, damages, judgements, penalties, taxes, fines, and costs arising out of or in connection with information provided by the Services, any information, including personal information you supply to us, your use of the Services (including anyone using your account), and a breach of these Terms. ## Information you provide to us Any information you provide to or communications sent to us are on a non-confidential basis. Communications sent to us may include, but are not limited to, electronic mail, social media posts, internet message board posts, text messages, postal mail, or facsimiles, sent to or directed to cowtool and its members, shareholders, officers, employees, agents, contractors, and consultants. cowtool has no obligation to you regarding such information, and may reproduce, disclose, distribute, or otherwise use any and all information for any purpose free of charge and without your permission, without any limitation, and without any liability. We are free to use any ideas, inventions, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing and marketing products, goods, and services incorporating such information. ## Primary Language The primary language of the Company and of all Services provided, and of these Terms is English. Any translations provided are done so for the convenience of Users. Where there is a conflict between the meaning of the English version and the version of another language, the English version shall prevail. ## Contributions cowtool may, from time to time, offer Users the ability to make financial contributions to the Company in support of it providing its Services to Users. These contributions, including the amount thereof, are entirely voluntary at the discretion of each individual user and do not constitute payment for any Services provided nor obligate the Company to provide any Services to Users who make contributions. A minimum or maximum contribution amount may be imposed based on the requirements of the payment method used. cowtool is not a charitable organization under Internal Revenue Code 501(c)(3). Contributions made are not considered to be donations. It is the responsibility of each user to consult a tax professional to determine any tax deductibility of any contributions or payments made to the Company in connection with the Services. ## Third-Party Data Sources cowtool uses data from various third-party data sources ("Third Parties"), which may change from time to time, and may include airlines, travel technology providers, and global distribution systems. By using the Services, you consent that any information you provide may be passed to Third Parties for the purposes of displaying and rendering information as part of the Services. ## Injunctive and Other Relief You agree that cowtool may commence an action in any court of competent jurisdiction in order to enforce these Terms of Use and to seek damages and/or equitable relief against you for any breaches by you of these Terms of Use. Any delay, omission or failure by cowtool to exercise any of its rights, powers or remedies under these Terms of Use does not constitute a waiver by cowtool of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent us from subsequently exercising any other right, power or remedy. cowtool may assert at any time or against any person any such rights, powers or remedies. ## Severability If any provision of these Terms of Use are deemed to be invalid, unlawful or for any reason unenforceable, then such provision shall be severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. ## Governing Law These Terms of Use shall be governed by, construed and/or interpreted in accordance with the laws of the State of California and the laws of the United States of America applicable therein and shall be treated in all respects as a California contract, without regard to principles of conflicts of law that would impose a law of another jurisdiction. Any dispute is to be submitted to the jurisdiction of the courts in the judicial district of San Francisco, California, United States of America. ## Entire Agreement Subject to any other agreement you may have entered into with cowtool, these Terms and any similar notices or statements posted and accessible in connection with using the Services constitute the entire agreement between you and cowtool in relation to your use of the Services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and cowtool with respect to the Services.