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These Terms and Conditions of Use govern your use of the ultimateovernight.com website (the “Site”), including its online information forum.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE!

UltimateOvernight.com is a flight crew exclusive site.  If you are not a pilot or a flight attendant you are not qualified to register for this service.

UltimateOvernight, LLC (“we” or “Ultimate”) may revise and update these Terms and Conditions at any time.  Your continued use of the Site means you accept those changes.  Please scroll down for important information about:
  • Information posted on the Site
  • Age and Responsibility
  • Copyright and Use of Content
  • User Submissions
  • Liability of Ultimate and its Licensors
  • Bulletin Boards and Forums
  • Advertisements and Links to Other Sites
  • Privacy Policy
  • Indemnity
  • General Legal Terms

Information Posted on the Site.

The contents of the Site, such as text, graphics, images, information obtained by licensors, and other material (“Content”) is for informational purposes only.  The Site may contain Content which you find offensive.  We have no control over, and accept no responsibility for, such Content.  You are solely responsible for compliance with laws applicable to your place of residence.

Age and Responsibility.

If you use this Site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.

Copyright and Use of Content

We authorize you to view or download a single copy of the material on the Site solely for your personal, noncommercial use, so long as you include the following copyright notice:  “Copyright © 2007-2008, UltimateOvernight, LLC.  All rights reserved,” and any other copyright notices and proprietary rights notices that were contained in the Content.  Any special rules for the use of certain software or other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. 

The Content is protected by copyright under both United States and foreign laws.  Title to the Content remains with Ultimate or our licensors.  Any use of the Content not expressly permitted by these Terms and Conditions is a breach and may violate copyright, trademark, or other laws.  Content and features are subject to change or termination without notice in the editorial discretion of Ultimate.  All rights not expressly granted herein are reserved to Ultimate and its licensors.  If you violate these Terms and Conditions, your permission to use the Content automatically terminates.

User Submissions.

You agree that you will not upload or transmit any communications or content of any type that infringes or violates the rights of any party.  If you make any submission to the Site, you automatically grant – or warrant that the owner of such Content has expressly granted – Ultimate a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media, medium, mode or method now known or hereafter developed.  Ultimate may sublicense its rights through multiple tiers of sublicensees. 

Ultimate shall have the right (but not the obligation) to, from time to time, monitor and review any information transmitted or received through the Site, and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Ultimate deems inappropriate or in violation of these Terms and Conditions.

You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or website URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herin. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, and the Ultimate Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.

By uploading any media like a photo or video, (a) you grant to Ultimate a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Ultimate to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Ultimate and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

Ultimate reserves the right to review all media prior to submission to the Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Liability of Ultimate and its Licensors.

The use of the Site and the Content is at your own risk. 

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Ultimate and its suppliers. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

While we want the Site to be informative and useful to you, we can’t take responsibility for the accuracy of information on it.  The Site and the content are provided on an "as is" basis. ULTIMATE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Ultimate, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, or any software, text, graphics, links or communications provided on or through the Site or Ultimate, including, but not limited to, flight paths or times; the existance, location or quality of accomodations or restaurants mentioned on the Site; or the availability of promotions to Site users. 
 
In no event shall Ultimate, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Ultimate, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. Ultimate, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Ultimate, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Bulletin Boards and Forums

If you use a bulletin board or forum (an “Interactive Area”) of the Site, you are solely responsible for your own communications, and your reliance on any communications found on an Interactive Area.  Ultimate is not responsible for the consequences of any communications in the Interactive Areas.  If you feel threatened or believe someone else is in danger, you should immediately contact your local law enforcement agency.

In consideration of being able to use the Interactive Areas, you agree that any of the following are a breach of the Terms and Conditions:

  1. Using an Interactive Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property, privacy, or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, as determined by Ultimate in our sole discretion;
  4. Posting advertisements or solicitations of businesses in which you have a financial or proprietary interest (unless you have cleared this with Ultimate);
  5. Disrupting the normal flow of dialogue, or posting comments that are not related to the topic being discussed;
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
  10. Posting the same comment more than once, or “spamming;” or
  11. Engaging in any other conduct that restricts another person from using or enjoying the Interactive Area or the Site, or which, in Ultimate’s judgment, exposes us or any of our users or suppliers to any liability or detriment of any type.

Ultimate reserves the right (but is not obligated) to do any or all of the following:
  1. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  2. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  3. Terminate a user's access to the Site upon any breach of these Terms and Conditions.
  4. Monitor, edit, or disclose any communication.
  5. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Ultimate reserves the right to take any action it deems necessary to protect the Site users or the public.  Ultimate has no liability or responsibility to subscribers or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements and Links to Other Sites

Ultimate may provide links to third-party websites. Ultimate also may select certain sites as priority responses to search terms you enter and Ultimate may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Ultimate does not recommend and does not endorse the content on any third-party websites. Ultimate is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Ultimate does not endorse any product, service, restaurant, or accomodation advertised on the Site.

Privacy.

You have read the Ultimate Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Ultimate and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Ultimate Privacy Policy.

Indemnity. 

You agree to defend, indemnify, and hold Ultimate, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General Legal Terms.

Ultimate is based in Denver, Colorado, in the United States of America. We make no claims that the Site or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, and General Legal Terms.

You expressly agree that exclusive jurisdiction for any dispute with Ultimate, or in any way relating to your use of the Site, resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving Ultimate or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions and the Ultimate Privacy Policy constitute the entire agreement between you and Ultimate with respect to the use of the Site, and Content.

Thank you for your cooperation. We hope you find the Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: UltimateOvernight, LLC 522 East Oak St Cushing, OK 74023. We try to answer every communication in a timely manner, but due to volume may not always be able to do so.

Privacy Policy

The purpose of this privacy policy is to inform you, as a welcomevisitor to http://www.ultimateovernight.com (the "Site"), what kinds ofinformation we may gather about you when you visit the Site, howUltimateOvernight, LLC ("Ultimate" or "we") may use that information,whether we disclose it to anyone, and the choices you have regardingour use of, and your ability to correct, the information. Finally,please note that this policy applies to our Site and other websitesthat carry the UltimateOvernight brand or trademark, and not to othercompanies' or organizations' websites to which we link.

Our privacy policy and practices are detailed below and we ask you toread them fully. The policy is derived from three pledges that we maketo you, our users:
  1. We pledge that we will not use information about you without your permission.
  2. We pledge that we will provide the means for you to manage and control the information that you have provided to us.
  3. We pledge that we will provide mechanisms for you to communicate your privacy concerns to us and that we will respond to them thoroughly and thoughtfully.

We are currently designing technical mechanisms that we feel willgreatly enhance your control over the data that you provide to us.Check back to this page from time to time to see these new features.

Registration
 
You can visit our Site and use many of our services without telling uswho you are or revealing any personal information about yourself;however, we require that you first register to use the Site. During theregistration process we require you to complete certain fields, requestthat you complete other fields and ask you to select a user name andpassword. For example, we may ask for user contact information (such asfirst and last name, e-mail address, and zip code). This contactinformation may be used for several things:
  • to welcome you to the Site;
  • to send you advertisements that closely match your interests (if you choose not to opt out);
  • to share your information with our sponsors and partners (if you choose to opt in).

With your permission we may share the information that you provide uswith selected third parties, primarily our advertisers and sponsors.You may choose not to opt in at time of registration so that we wouldnot share such information. If you choose to opt in, you will receivee-mail communications from us about--among other things—the Site andour services, as well as offers tailored to your interests by ouradvertisers and sponsors. You will only receive those communications ifyou opt in at the time of registration.

During your use of our site and our services, we may collect additionaldemographic and profile data. We may use this data to personalize yourexperience at our site, such as showing you content that we think youwill be interested in, and displaying the content according to yourpreferences. We may share this information with selected advertisersand sponsors. If you do not wish demographic or profile information tobe shared, then you may opt out at the time of registration. You canupdate your personal information by clicking the "Preferences" link,which is available when you log in to the Site.

From time to time, we may run contests on our site in which we askparticipants for contact information, such as their e-mail addresses.If you participate in contests, your contact information will be usedprimarily to reach you in connection with the contests. We may also usethe collected contact information to send you information about theSite, our services, as well as offers tailored to your interests by ouradvertisers and sponsors. You may opt out of receiving such mailings atthe time of registration for the contest.

There are also instances where we may share your personal informationwith carefully selected companies we have relationships with. We willshare this information with these companies only if you have chosen notto opt out of receiving advertising materials from them. In the eventthat you previously chose not to opt out, but wish to remove yourselffrom these mailing lists, you may send e-mail directly This e-mail address is being protected from spam bots, you need JavaScript enabled to view it   and we will have your personal informationremoved from that company's user database. In addition, should we addnew features that require the sharing of your personal information withan additional advertiser or sponsor, and you do not wish to have us doso, you may also use the above e-mail address to request that we notshare your information.

In certain special cases, we may disclose user information when we havereason to believe that disclosing this information is necessary toidentify, contact or bring legal action against someone who may becausing injury to or interfering with our rights, property oroperations, other Site users, or anyone else who could be harmed bysuch activities. We may also disclose user information when we believethe law requires it, or in response to any demand by law enforcementauthorities in connection with a criminal investigation.

Cookies and How We Use Them
 
A cookie is a small piece of data that is sent to your browser from aWeb server and stored on your computer's hard drive. We use cookies tohelp us provide customizable services and to allow you to sign in toour Site. For example, we can store your zip code in a cookie and thisenables us to show you your local weather each time you visit our Site.Cookies also make Web surfing easier for you by saving your preferenceswhile you are on our Site.

Our Site uses one or more third party companies to serve advertisementsat our site. These companies may use cookies to ensure that you do notsee the same advertisements too often, but they also may collectinformation about you when you view or click an advertisement at oursite. Cookies that are received with advertisements are read and placedby one of our advertising companies, and we do not have access to them,nor can we control how they are used. Cookies may also be collected byour partners on co-branded websites, so please be aware of this as youvisit these sites.

You can choose whether to accept the cookies that we send to you bychanging the settings of your browser. You can reset your browser torefuse all cookies, or to allow your browser to show you when a cookieis being sent. If you choose not to accept these cookies, yourexperience at our site may be diminished and some features will notwork as intended.

Use of IP Addresses
 
An IP address is a set of numbers that is automatically assigned toyour computer whenever you log in to your Internet service provider orthrough your company's local area network (LAN) or wide area network(WAN). Web servers--the big computers that provide Web pages forviewing--automatically identify your computer by the IP addressassigned to it during your session.

We may collect IP addresses for purposes of system administration, toreport aggregate user information to our advertisers, and to audit theuse of our Site. We do not ordinarily link a user's IP address toanything personally identifiable to that user, which means that yoursession will be logged, but you remain anonymous to us. However, we canand will use IP addresses to identify users of our Site when we feel itis necessary to enforce compliance with our site's terms of use orterms of service, or to protect our service, site, or other users.

Third Party Relationships
 
In order to provide you with news and features that match your localinterests, we have created and continue to create relationships withmany companies throughout the world. You can recognize these sites bythe joint branding of our Site and such media companies. For example,if you see a logo in the upper right corner of the page that says"UltimateOvernight," you are on a co-branded site.

Whenever you provide registration information on co-branded sites, thatdata may be shared with our business partners. You should make everyeffort to read these privacy policies, and make an informed decision onyour own whether or not to continue based upon these sites' privacypractices and your own discretion. However, we will make every effortto ensure that you have the ability to opt out of the sharing of suchdata with our media partners. You may e-mail us directly This e-mail address is being protected from spam bots, you need JavaScript enabled to view it   and we will forward your request to theappropriate company.

In addition to finding co-branded sites, you will find direct links onour site to sites offered by third parties. Some of these sites areauthorized to use the UltimateOvernight brand and/or logo. We carefullyevaluate all parties that are authorized to use its brand and/or logo,and believe that all such sites have adopted acceptable privacypolicies. Again, you should read these privacy policies, and make aninformed decision on your own whether or not to continue based uponthese sites' privacy practices and your own discretion. No third partysites are covered by this Privacy Policy. If you feel that a site usingour brand and/or logo does not follow an acceptable privacy policy,please send us an e-mail at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it   We will forwardcomplaints to the appropriate third parties and may, in particularcircumstances, decide to advocate on your behalf to attempt to causethe third parties to change their privacy policies.

We provide certain user information to third parties in aggregate formin order to facilitate the sale of advertising and the sponsorship ofservices on the Site.

Security
 
We operate secure data networks protected by industry standard firewalland password protection. We have security measures in place to attemptto protect against the loss, misuse and alteration of your user dataunder our control.

Only authorized employees have access to the information you provideus. For example, we impose strict rules on employees who have accesseither to the databases that store user information or to the serversthat host our services. While we cannot guarantee that loss, misuse oralteration to data will not occur, we make every effort such as the useof employee passwords and nondisclosure agreements, to prevent suchunfortunate occurrences.

Contacting Us
 
If you have questions about this privacy policy or the practices of this site, please contact:

You can send e-mail to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it    Please place the words "Privacy Policy" in the Subject line of your e-mail.

We reserve the right to change this Privacy Policy at any time, with or without notice. All changes will be posted to this page.



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