Effective date: October 23, 2024

SMS Terms & Conditions

By opting in to receive text messages from Rocky Mountain Kitplanes, LLC ("We," “Us,” “Our”) or its affiliates (West Desert Airpark, West Desert Aviators, and West Desert Flight)(the “Service”), you agree to these Text Messaging Terms and Conditions (the "Agreement"). Your participation in the Service is also subject in our SMS Privacy Policy, which is expressly incorporated by reference in this document. This Agreement is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. 

OUR TERMS AND CONDITIONS REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, WAIVE YOUR RIGHT TO A TRIAL BY JURY AND REQUIRE CLAIMS TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION.  IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE SERVICE.

1. Providing Telephone Numbers and Duty to Notify:  You verify that the mobile number provided to Us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by emailing us at [email protected] or [email protected].
2. Your Consent to Receive Calls/Texts: You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive recurring text messages (such as SMS or MMS) from Us concerning Our products, services, orders, transactions, as well as your relationship with Us. Text messages will not include any promotional offers or advertisements. You understand that consent is not required to make any order or purchase from Us. Message and data rates may apply.
3. Message Frequency: Under this agreement, the number of text messages you receive may vary depending on your service activity and your communication with Rocky Mountain Kitplanes or its affiliates.
4. Op-In Instructions: To opt-in to receive text messages from Rocky Mountain Kitplanes, LLC and its affiliates fill out and submit the form located on Rocky Mountain Kitplanes (rmkplanes.com) “Home” page, email [email protected],  or message 801-766-0160.
5. Opt-Out Instructions: Your consent to receive automated texts is completely voluntary. You may opt-out at any time for any reason. To opt-out of text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any messages. You may email us at s[email protected] or [email protected] for help. You acknowledge and agree to accept a final text message confirming your opt-out.
6. Indemnification to Us: You agree to indemnify Us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act (TCPA) or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees).
7. Participation Requirements: By participating in the Service, you acknowledge and agree that you are eighteen (18) years of age or older. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
8. Overview: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations provided in this Policy and the SMS Terms & Conditions, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. We reserve the right to change this Agreement occasionally with or without prior notice to you. The last date this document was updated will be posted at the top of this Terms & Conditions for your convenience. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Service after any such changes, you accept this Agreement, as modified.
9. Questions: If you have any questions regarding privacy, please read our SMS Privacy Policy.