Last Updated on October 6th, 2016.
The website thinklumo.com (the "Site") is brought to you by Resilient Ops, Inc. ("Resilient Ops," "we,"
"us," or "our").
OR "USER AGREEMENT") CAREFULLY BEFORE USING THE SITE AS THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN
YOU AND RESILIENT OPS. This User Agreement sets forth the terms and conditions which govern your use of the
Site and of the Content (as defined below) and the services to help you track the status of your flight made
available on or through the Site (collectively, the "Services"). BY BROWSING, ACCESING OR OTHERWISE USING
posting thereof. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF UPDATES AND/OR REVISIONS TO THE
any page for the Site.
- CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND YOUR USE OF CONTENT.
- Description of Content. The Site contains a wide variety of Content (defined
below), whether (1) proprietary to Resilient Ops, or (2) proprietary to third parties. "Content"
includes, but is not limited to text, data, files, documents, software, scripts, layout, design,
function and "look and feel," graphics, images, audio, videos, audiovisual combinations,
interactive features and any other materials that you may view, access or download (but only as
expressly permitted in Section 2.C below) through the Site.
- Proprietary Rights. You acknowledge and agree that all Content, whether publicly posted
or privately transmitted, as well as all derivative works thereof, are owned by Resilient Ops or
other parties that have licensed their material to Resilient Ops, and are protected by
copyright, trademark and other intellectual property laws. Except as specifically permitted
herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted or
distributed in any way, including by email or other electronic means, without the prior consent
of Resilient Ops or such third-party that owns the Content. All rights not expressly granted
herein by Resilient Ops and/or its licensors to you are reserved by Resilient Ops and/or its
- Restrictions on Your Use of Content. You may access and use Content solely for your
information and personal, non-commercial use, as intended through the functionality of the
Services and permitted under this User Agreement. Any modification of the Content, use of the
Content on any website or networked computer environment, or use of the Content for any purpose
other than personal, non-commercial use, without the prior consent of Resilient Ops or its
licensors, as applicable, is a violation of the copyright, trademark and other proprietary
rights in the Content and is expressly prohibited. You agree not to circumvent, disable or
otherwise interfere with security-related features of the Services that prevent or restrict the
use or copying of any Content and not to alter, remove or falsify any attributions or other
proprietary designations of origin or source of any Content appearing on the Site. You shall not
download any Content unless you see a "download" or similar link displayed by us on the Site for
such Content. We do not have an obligation to detect the presence of Harmful Code (as defined in
Section 3 below). If you download any Content from the Site, you do so at your own risk.
- Disclaimer. Content, and all information provided to you by us about the status of your
flight in connection with our Services ("Flight Information"), is provided to you AS IS.
You understand that we do not guarantee the accuracy, safety, integrity or quality of Content or
Flight Information and you hereby agree that you must evaluate and bear all risks associated
with the use of any Content or Flight Information, including any reliance on the integrity and
accuracy of such Content or Flight Information. We do not warrant that the quality of our
Services, Flight Information or other information and material obtained by you from us will meet
your expectations or that any errors in the Services, Flight Information or any other
information and material will be corrected. Nothing on OUR site should be deemed to constitute
recommendation to purchase, sell or hold, OR OTHERWISE TO CONSTITUE ADVICE REGARDING, any
registered or unregistered security.
- RESTRICTIONS ON YOUR USE OF THE SERVICES. You agree not to access or use the Site and/or Services
in an unlawful way or for an unlawful or illegitimate purpose, including without limitation any
violation of the antifraud or registration provisions of the securities laws of the U.S. or any state
therefore. You shall not post or transmit via the Site and/or Services (a) a message or information
under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent,
predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes
or violates any of the intellectual property rights of others or the privacy or publicity rights of
others. You shall not attempt to disrupt the operation of the Site and/or Services in any manner,
including without limitation, through the use of methods such as denial of service attacks, flooding or
spamming, and you will not transmit, distribute, introduce or otherwise make available in any manner
through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other
malicious or harmful code (collectively, "Harmful Code"). You shall not use the Site and/or Services in
any manner that could damage, disable or impair our products, services or networks. You shall not
attempt to gain unauthorized access to any computer systems or networks, through hacking, password
mining or any other means. You shall not use any robot, scraper or other means to access the Site and/or
- TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS AND TAGLINES. All trademarks, service marks, logos,
slogans and taglines displayed on or through the Site and/or Services are the property of Resilient Ops
or its respective owners and nothing contained herein should be construed as granting any license or
right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Site
and/or Services without the express written permission of Resilient Ops, or such third-party that may
own the trademark, service mark, logo, slogan or tagline.
- TERMINATION/EXCLUSION. You understand that the Site and Services are provided as a courtesy to
you and that we may modify, suspend or terminate all or a portion of the Site and/or Services at any
time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to
revoke, terminate or suspend any privileges associated with accessing the Site and/or Services for any
reason or for no reason whatsoever, including improper use of the Site and/or Services or failure to
Resilient Ops shall not be liable to you or any third party for any termination of your access to the
Site and/or Services.
- VISITOR/USER SUGGESTIONS. You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information provided by you to Resilient Ops (collectively, "Feedback") are not
confidential and you hereby grant to Resilient Ops a worldwide, perpetual, irrevocable, royalty-free
license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback
as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
- LINKS TO OTHER SITES. Our Site may contain links to other websites. The fact that we link to a
website is not an endorsement, authorization or representation of our affiliation with that third party.
We do not exercise control over third party websites. These other websites may place their own cookies
or other files on your computer, collect data or solicit personal information from you. Other sites
follow different rules regarding the use or disclosure of the personal information you submit to them.
We encourage you to read the privacy policies or statements of the other websites you visit. Please be
- YOUR ABILITY TO ACCEPT THIS USER AGREEMENT. You affirm that you are more than 18 years of age and
are fully able and competent to enter into the terms, conditions, obligations, affirmations,
representations and warranties set forth in this User Agreement, and to abide by and comply with this
- DISCLAIMER OF WARRANTY. ACCESS TO THE SITE AND/OR SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, RESILIENT OPS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RESILIENT OPS DOES NOT WARRANT THAT ACCESS TO THE SITE
AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR
DOES RESILIENT OPS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY,
COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE AND/OR SERVICES,
INCLUDING WITHOUT LIMITATION THE FLIGHT INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE
AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE FLIGHT INFORMATION, IS AT YOUR SOLE RISK. YOU SHALL BE
SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER
USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU. RESILIENT OPS CANNOT AND DOES NOT ASSUME ANY
RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS
INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF THE ADVICE, IDEAS, FLIGHT INFORMATION,
OTHER INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SITE AND/OR SERVICES.
- LIMITATION OF LIABILITY. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL RESILIENT OPS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF
THE SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE FLIGHT INFORMATION, WHETHER UNDER A THEORY OF
BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF RESILIENT OPS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE RESILIENT OPS AND HOLD IT AND ITS
LICENSORS AND SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE
(INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR
USE OF THE SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE FLIGHT INFORMATION. YOU WAIVE THE
PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. WITHOUT LIMITING THE
FOREGOING, IN THE EVENT OF ANY PROBLEM WITH THE SITE, SERVICES, FLIGHT INFORMATION AND/OR THE CONTENT,
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, SERVICES, FLIGHT INFORMATION
TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE
OF OUR SERVICES OR THE FLIGHT INFORMATION, RESILIENT OPS’ LIABILITY SHALL IN NO EVENT EXCEED THE GREATER
OF (I) THE TOTAL AMOUNT PAID BY YOU TO RESILIENT OPS WITH RESPECT TO SUCH SERVICES OR FLIGHT INFORMATION
OR (II) FIFTY U.S. DOLLARS ($50). Certain states and/or jurisdictions do not allow the exclusion of
implied warranties or limitation of liability for incidental or consequential damages, so the exclusions
set forth above may not apply to you.
- INDEMNIFICATION. Without limiting the generality or effect of other provisions of this Agreement,
as a condition of use, you agree to indemnify, hold harmless and defend Resilient Ops and its parents,
subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents
and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers
and their officers, directors, affiliates, subcontractors, agents and employees (collectively,
"Indemnified Parties" and each, individually, an "Indemnified Party" ) against all
costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any
Indemnified Party in connection with any third party claims arising out of: (i) your use of the Site
and/or Services; (ii) your failure to comply with any applicable laws and regulations; and/or (iii) your
breach of any obligations set forth in this User Agreement. You shall not settle any such claim without
the written consent of the applicable Indemnified Party.
- MODIFICATIONS TO THE SERVICES AND PRICES. Subscription fees for our Services are subject to
change without notice. We reserve the right at any time to modify or discontinue the Site and/or
Services (or any part thereof or Content therein) without notice to you. We shall not be liable to you
or to any third-party for any modification, price change, suspension or discontinuance of the Site
Policy and any terms, conditions and notices under which the Site and/or Services are offered. We may
Use will be binding unless posted to the Site by our duly authorized representative.
- ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on our Site or
associated with the Services that contains typographical errors, inaccuracies or omissions that may
relate to Flight Information, promotions, offers, transit times and availability. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or update information if any information
in the Services or on any related website is inaccurate at any time without prior notice. We undertake
no obligation to update, amend or clarify information on the Site or with respect to the Services or on
any related website, including without limitation, Flight Information, except as required by law. No
specified update or refresh date applied to the Site and/or Services or on any related website should be
taken to indicate that all information with respect to the Site and/or Services or on any related
website has been modified or updated.
- MISCELLANEOUS. This User Agreement shall be governed by the laws of the Commonwealth of
Massachusetts, U.S.A. without regard to its rules on conflicts or choice of law. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to this User Agreement. This
User Agreement constitutes the sole agreement between you and Resilient Ops for your use of the Site and
the provision of the Services and the subject matter hereof, and no representations, statements or
inducements, oral or written, not contained in this User Agreement shall bind either you or Resilient
Ops. Any of the terms of this User Agreement which are determined to be invalid or unenforceable shall
be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or
unenforceable any of the remaining terms of this User Agreement or affecting the validity or
enforceability of the User Agreement as a whole. Failure to insist on performance of any of the terms of
the User Agreement will not operate as a waiver of any subsequent default. No waiver by Resilient Ops of
any right under this User Agreement will be deemed to be either a waiver of any other right or provision
or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate
your rights or obligations hereunder, in whole or in part. This User Agreement shall be binding upon and
inure to the benefit of each of the parties and the parties’ respective successors and permitted
assigns. A printed version of this User Agreement and of any related notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating to this User
Agreement to the same extent and subject to the same conditions as other business documents and records
Ops with respect to use of the Content, Site, Services and/or Flight Information and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral or written, between you
and Resilient Ops with respect to the Content, Site, Services and/or Flight Information.