Terms & Conditions

Reads Air (“we,” “us,” “our”), may send consenting consumers (“you”) text messages that contain flight information, promotional material, and other content that may be of interest to you pursuant to these Terms and Conditions (“Terms”), which govern your interactions with us via our mobile communications program.  

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING READS AIR’S LIABILITY AND REQUIRING MANDATORY ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE DISPUTES. 

General Information 

By providing a mobile number to us for purposes of receiving text messages, you certify that (1) you are at least 18 years old, (2) you are the account holder of the mobile number you are providing (or you have the account holder’s express consent to enroll the number), and (3) you agree to these Terms.

Providing your consent to receive text messages is not required as a condition of purchasing goods or services from us. 

You further agree to maintain accurate, complete, and up-to-date information with us, including by advising us immediately if the account holder of the mobile number receiving messages from us changes.  

Message frequency may vary depending on your interactions with us, and message and data rates may apply. You may be charged by your carrier in accordance with your text and data plan.   

We may use autodialer or non-autodialer technology to contact you. 

To stop receiving texts from us, text “STOP” in response to any such text; you may receive a final reply message to confirm that we have processed your request. You may text “HELP” for additional information.

Reads Air does not guarantee that you will receive all messages, and we are not responsible for delays related to the transmission of text messages. 

Privacy Statement

To send you messages we collect certain personal information about you, including your mobile phone number, name, and travel information. We do not share any opt-in, consent or other text messaging information with any third parties except to the extent that our vendor will have access for purposes of carrying out the messaging program or as required by law. Reasonable security safeguards have been implemented to protect the privacy of your personal information. Please visit our Privacy Policy for more information about our privacy practices.

Availability

Messaging may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Participating carriers include AT&T, Spring/Boost/Virgin, T-Mobile, MetroPCS, and Verizon Wireless. Carriers are not liable for delayed or undelivered messages.

Dispute Resolution/Mandatory Binding Arbitration/Class Action Waiver

IMPORTANT: THIS SECTION LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.

(a) Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Terms or the services provided hereunder, (collectively, “Dispute”) shall be in Franklin County, Ohio. Each party submits to personal jurisdiction and venue in Franklin County, Ohio, for any and all purposes.

(b) Pre-Arbitration Notification. Reads Air and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated. The party making a claim – whether you or Reads Air – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Reads Air is making a claim, the letter shall be sent, via email, to the email address listed in your Reads Air account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 8.B. If you are making a claim, the letter shall be sent to 4111 Bridgeway Avenue, Columbus, Ohio 43219 (Attn: Legal Department). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section. Either you or Reads Air, however, may seek provisional remedies (such as preliminary injunctive relief, subject to part d below before the expiration of this sixty (60)-day period.

(c) Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.  THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY READS AIR.

(e) Governing Law. These Terms and the services provided hereunder are governed by the laws of the State of Ohio without regard to its choice of law provisions. The courts of general jurisdiction located within Ohio shall have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and/or the service or in which these Terms and/or the service are a material fact. This Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Reads Air agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

(f) Class Action Waiver. As permitted by applicable law, both you and Reads Air waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

(g) Jury Waiver. AS PERMITTED BY APPLICABLE LAW, YOU AND READS AIR HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

(h) The provisions of this Section shall supersede any inconsistent provisions of any prior agreement between you and Reads Air. This Section shall remain in full force and effect notwithstanding any termination of your use of the service or these Terms.

(i) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.