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Terms & Conditions

Updated February 4, 2024

This website is operated by The Overnight on behalf of ourselves, our group companies, international partnerships and affiliated organizations (“we”, “our” or “us”).

Acceptance of Terms

The following terms and conditions (“Terms & Conditions”) govern your access to and use of this website and the related mobile applications provided by us, including any content and services offered on or through this website and/or the applications (referred to collectively as the “Website”). By using the Website, you accept and agree to follow these Terms and Conditions and our Privacy Policy, found at gettheovernight.com/privacy. If you do not agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website.

Information About You and Your Use of the Website

By using the Website, you consent to allow us to use your information in compliance with the Privacy Policy. We will not notify you of any such modifications or updates.

Modification of Website

We may modify or update the content on this Website from time to time, but its content may not be complete or up-to-date at any given time.

Ownership and Use of the Website and Information

All rights, title and interests with respect to the Website, including without limitation, the information, products, materials, software and services contained therein or otherwise provided thereby (collectively, the “Information”) and all trademarks, trade names, logos, service marks, page headers, scripts and button icons (collectively “Intellectual Property”) are the property of and owned by The Overnight, and are protected by copyright, trademark and other laws. Except as expressly provided herein, no right, title or interest in the Website, Information or Intellectual Property is transferred to you. Except for your personal and non-commercial use as authorized below, nothing contained in these Terms or on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to copy, imitate, or use, in whole or in part, the Intellectual Property or Information, without the express written permission of The Overnight. Unauthorized copying or use of any Intellectual Property or Information is strictly prohibited. The Overnight may amend the Website and/or the Information at any time without prior notice to you as well as deny or limit access to the Website and/or the Information, including without limitation if The Overnight learns of or suspects of your breach of these Terms.

Subject to these Terms, The Overnight. hereby grants you a limited, non-exclusive, revocable, non-assignable, non-transferable and non-sublicensable right to use the Website and the Information for personal and non-commercial use only that is lawful and in accordance with these Terms. All other use is prohibited, including disclosure, copying, distribution and linking (including scraping, framing and deeplinking). All rights not expressly granted in these Terms are reserved and retained by The Overnight.

By accessing and using the Website, you agree to use the Website, Information, and features associated therewith in accordance with these Terms and all applicable laws, rules and regulations, and further agree that you will not:

1) Use the Information for any reason other than personal and non-commercial use without The Overnight’s express written consent. This includes copying, downloading, editing, photographing, storing, transmitting, reproducing, distributing, creating derivative works from or publishing the Information or Intellectual Property for commercial, public or other unauthorized use; or otherwise attempting to redistribute, reuse or modify the Information for any purpose without the express written permission of The Overnight.

2) Launch, transmit, distribute, promote, or otherwise make available material of any kind that contains, without limitation, viruses or any other computer code or file or program designed to interrupt or destroy or limit the functionality of any computer software or hardware or other equipment associated with the Website, a Trojan horse, time bombs, “spiders,” worms, spyware, bots, “offline readers,” any automated use of the system, such as scripts, or other harmful component; or interferes with, limits or disrupts the Website, the functionality thereof, or servers or networks connected to the Website; or disobeys any requirements, procedures, policies or regulations of networks connected to the Website.

3) Commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity.

4) Rent, lease, loan, or sell access to the Website to any third party.

5) Engage in any reverse engineering, or otherwise attempt to gain unauthorized access to The Overnight’s computer networks or servers, the Website, or any Information, content, or data associated therewith.

The Overnight makes no representation that materials contained on the Website or products described or offered on the Website are appropriate or available for use outside of their relevant jurisdictions. Visitors who use the Website and reside outside the relevant jurisdictions do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Website from any territory where its contents are illegal, and that you, and not The Overnight and its Affiliated Parties, are responsible for compliance with applicable local laws.

The Website Terms and Conditions is effective unless and until terminated by either you or The Overnight. You may terminate this Agreement at any time, provided that you discontinue any further use of the Website. The Overnight also may terminate or suspend this Website Terms and Conditions, at any time, without notice, and accordingly deny you access to the Website, for any reason, including without limitation, if in The Overnight’s sole discretion you fail to comply with any term or provision of this Website Terms and Conditions or your use is harmful to the interests of another user or The Overnight and its Affiliated Parties.

This Section shall survive any termination of this Website Terms and Conditions.

Accuracy and Reliance on Website Information

The information presented on or through the Website is made available solely for general information purposes.

We do not warrant the accuracy or completeness of this information, and disclaim all liability and responsibility arising from any reliance on such information.

This Website may include content provided by third parties. All statements and opinions of such third parties are solely the responsibility of the person providing those materials and do not necessarily reflect the opinion of The Overnight.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and are not responsible for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE OVERNIGHT NOR ANY PERSON ASSOCIATED WITH THE OVERNIGHT MAKES ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE OVERNIGHT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THESE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE OVERNIGHT OR ANY PERSONS ASSOCIATED WITH THE OVERNIGHT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA.

THESE LIMITATIONS DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless The Overnight and its affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other legal costs) arising out of or in connection with your violation of these Terms and Conditions or your use of any information obtained from the Website.

Waiver and Severability

No waiver by The Overnight of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Overnight to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Cautionary Language Regarding Forward-Looking Statements

This Website may contain “forward-looking statements” as defined under U.S. Federal Securities Laws. These statements may relate to analyses and other information based on forecasts of future results and estimates of amounts not yet determinable. These statements may also relate to our future prospects, developments and business strategies. These forward-looking statements are made based on our management’s expectations and beliefs concerning future events affecting us and are subject to uncertainties and factors relating to our operations and business environment, all of which are difficult to predict and many of which are beyond our control. These uncertainties and factors could cause our actual results to differ materially from those matters expressed in or implied by these forward-looking statements. Forward-looking statements speak only as of the date the statements are made. The Overnight assumes no obligation to update forward-looking statements to reflect actual results, changes in assumptions or changes in other factors affecting forward-looking information, except to the extent required by applicable securities laws.

Jurisdiction

The Overnight oversees and maintains this Website from New York, New York in The United States of America. Any dispute or claim relating to the Website and these Terms and Conditions shall be governed by the laws The State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

The Terms and Conditions and Privacy Policy constitute the sole and entire agreement between you and The Overnight with respect to the Website and supersede all prior understandings, agreements, representations and warranties, both written and oral.