Terms, Conditions and Legal Notices
Agreement between User and United Airlines, Inc. (“United”)
Southwest Courte-C Call Terms and Conditions
By providing your mobile number, you consent to receive from United (defined below) an automated verification text message, an automated pre-recorded marketing message, and one or more additional automated marketing text messages as needed in connection the Southwest Courte-C Program (the “Program”) related to your travel on Southwest Airlines, and you accept these Terms & Conditions. You can opt-out at any time by texting STOP to 720-706-8295. United has contracted with Thinkingbox US, Inc. to execute the above-described text and pre-recorded phone messages.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER. YOU AND UNITED AIRLINES, INC. (“UNITED”) ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING. See “Disputes” section below.
● “United Airlines, Inc.” or “United” means United Airlines, Inc. and its respective agents, affiliates, and subsidiaries.
● “Contractors” includes but is not limited to 72andSunny Partners, LLC and Thinkingbox US, Inc..
You agree to the following terms and conditions:
● You authorize United and Contractors to use an auto dialer or non-auto dialer technology to send the text message to, and/or leave an automated marketing pre-recorded phone message on, the mobile number you provide us.
● You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to consent to receive text, automated pre-recorded calls, marketing, and other messages on that number.
You understand that consent is not required to purchase.
About the Southwest Courte-C Program
Unless otherwise noted, United or Contractors will send you an automated verification text message, an automated pre-recorded marketing message, and one or more additional automated marketing text messages as needed in connection with the Program related to your Southwest flight. Message and data rates may apply. United may terminate this program or your participation in it at any time with or without notice, including, for example, before you have received any or all messages and/or telephone calls that you otherwise would have received, but these Terms & Conditions still will apply.
How to Opt-Out of Southwest Courte-C Call Program
You can opt-out of the Southwest Courte-C Call Program by texting STOP in response to the text message(s) you receive. In addition, you can opt-out by texting STOP at any time to 720-706-8295.
You must be 18 years of age or older (except Alabama and Nebraska, where you must be 19 years of age or older) to participate in Southwest Courte-C Call Program.
MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER. Any dispute or claim arising out of or relating in any way to the Southwest Courte-C Call Program, whether against Contractors, United, or any other entity, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Conditions of Use.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on the respective registered agent(s) . The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees (but not any attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, United Airlines, Inc. and their respective agents will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM, WHETHER INVOLVING CONTRACTORS, UNITED AIRLINES, OR OTHERWISE, REGARDING THE SOUTHWEST COURTE-C PROGRAM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. LIKEWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
If for any reason a claim is allowed to proceed in court rather than in arbitration, both parties waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
The parties also agree that any party may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF NEW YORK), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST 72ANDSUNNY, THINKINGBOX US, INC. OR UNITED AIRLINES, INC. ARISING OUT OF OR RELATING IN ANY WAY TO ANY THE SOUTHWEST COURTE-C PROGRAM.
Mobile messaging programs are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular mobile messaging program you join, including those operated through a different number, may be limited to specific carriers. United Airlines, 72andSunny, Thinkingbox US, Inc. and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.
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