Debit Card Terms of Service
Effective Date: February 7, 2022
Gazelle Terms of Service
These Gazelle Terms of Service (the “Agreement”) set forth a legal agreement between you (“you” or “your”) and The Lampo Group, LLC d/b/a Gazelle, its subsidiaries, and affiliates (collectively, “Gazelle”, “we”, “us” and/or “our”) regarding your use of the website gazelleintense.com (the “Site”), the Gazelle mobile application (the “Mobile App”), and/or the Gazelle technology platform (the “Platform”) (collectively, the “Services”) offered, operated, or made available by Gazelle. This Agreement applies when you access, interact with, sign up for, or use any of the Gazelle Services and is binding as of the first date you access, use, interact with, or sign up for any Services. Other aspects of the Services may be covered by other terms, conditions, and agreements with Gazelle or third parties such as financial institutions.
THIS AGREEMENT INCLUDES ARBITRATION PROVISIONS, LIMITATIONS OF LIABILITY, AND WAIVER OF JURY TRIAL. YOU SHOULD READ CAREFULLY BEFORE AGREEING.
The Services are designed to enable you to bank digitally through our Site and the Mobile App.
The Services are enabled through a business relationship with our banking services processor (the “Processor”). The Processor is our backend software provider and offers its services in cooperation with our affiliated bank (the “Bank”). The Processor’s API, and its relationship with the Bank, enables us to make available banking services and products to you.
Our customer service department is happy to help you with questions or concerns regarding our Services. We have support available from 8:00 A.M. to 9:00 P.M. Central Standard Time on Monday through Friday and 8:00 A.M. to 5:00 P.M. Central Standard Time on Saturdays and Sundays. You are welcome to call our Customer Care Center at 833-954-0797 to speak with a customer service representative. You may also contact us by e-mail at Gazelle.Help@ramseysolutions.com.
As stated above, bank services are provided by the Bank through our Processor. To report a complaint relating to the bank services, email: firstname.lastname@example.org.
Banking, Deposit Accounts, and Debit Card Services
By opening a deposit account through our Services, you agree to the terms of the Bank’s deposit account agreement (“Deposit Account Agreement”) and other associated terms and conditions.
We assume no responsibility or liability for any banking or other transactions you conduct with the Bank, or any losses that you might incur in connection with your transactions with the Bank.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When you open a deposit account with the Bank, you will be asked for your name, address, date of birth, and other information that will allow you to be identified. You may also be asked to provide your driver’s license or other identifying documents as proof of identity.
Our Services are designed to afford you access to digital banking products and services. As such, you acknowledge that we will communicate with you digitally. You agree that we may communicate with you electronically and provide any and all notices to you electronically, whether in email, website posting, through the Mobile App, or other means reasonably calculated to provide you information related to your business with us.
You also consent to being contacted by us via telephone and text message. You understand that standard call and messaging charges may apply. You may unsubscribe from texts by texting STOP or replying STOP to any text received from us.
Not a Financial Planner, Broker, Tax Professional, or Bank
THE LAMPO GROUP, LLC, ITS SUBSIDIARIES, ITS AFFILIATES, AND THE SERVICES DO NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BANK, MONEY SERVICES BUSINESS, BROKER, FIDUCIARY, OR TAX PROFESSIONAL. The Services are online and mobile platforms that enable you to bank digitally through the Bank. Interactions and communications with us are not intended as professional advice. Thus, you agree that you are not relying upon us in making financial or other decisions. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your professional advisers and/or legal counsel who are fully aware of your circumstances and needs.
THE SERVICES, ITS CONTENT, AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE LIKEWISE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY THIRD PARTY OR THIRD PARTY SERVICE.
WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON OR OF THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Services for lawful purposes. The content of our Services are not to be redistributed, copied, resold, or otherwise disseminated unless specifically authorized by us. You are authorized to use the Services as provided and are expressly prohibited from copying, reselling, disseminating, reverse engineering, or otherwise reproducing the Services, including but not limited to any video, audio, downloadable content of any kind, copyrighted works, and trademarks. All rights not granted herein are expressly reserved.
Our Services are only as good as the information that is supplied by you. You must provide true, accurate, current, and complete information about you and your accounts. Your access and use of our Services may be interrupted from time to time for any of several reasons, including without limitation the malfunction of equipment, periodic updating, maintenance or repair, or other actions that we, in our sole discretion, may elect to take.
We may offer “beta” or trial versions of the Services or special features. You acknowledge that such versions are provided “as is” and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from any connected device. Your use of any such features is at your own risk.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising, and marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to us in any way free of any claim you may have for compensation or otherwise. You agree not to assert any rights or claims you may have concerning our uses of any feedback, suggestions, or ideas, including the assertion of any moral rights. We will not sell, publish, or share your comments or feedback in a way that could identify you without your explicit permission.
In your use of the Services, you agree that you will not:
- Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Services or any portion thereof without our express written consent, which may be withheld in our sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search our Site, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Internet Explorer, Safari, Firefox, Chrome, Opera, etc.);
- Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of our Services;
- Attempt to decipher, decompile, copy, reproduce, disassemble, or reverse-engineer any of the content, software, video, or audio components composing or in any way a part of our Services; or
- Use the Services to conduct any criminal or fraudulent activity or violate any applicable federal, state, local, or foreign law. For the avoidance of doubt, this clause covers the use of the Services to purchase, sell, or distribute cannabis-related products, or conduct internet gambling.
The Services are available through compatible mobile devices and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; OR (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.
Third Party Fees
You are responsible for all fees you incur and are charged by the Processor, the Bank, or any other third party, which may change from time to time, in connection with your use of the Services. We have no obligation to refund to you any payments you may make to such third party for your use of the Services.
Termination, Suspension, or Modification of Service
We reserve the right to terminate, suspend, or modify the Services at any time with or without notice to you. If you want to terminate your Agreement with us, you may do so by closing your account for the Services. If you wish to terminate your account, you may call our Customer Care Center at 833-954-0797 to speak with a customer service representative. You may also contact us by e-mail at email@example.com.
Limitation of Liability and Indemnity
YOU TAKE FULL RESPONSIBILITY FOR THE DATA YOU ENTER, THE CONTENT YOU SUPPLY, AND YOUR USE OF OUR SERVICES. YOU ACKNOWLEDGE THAT THE SERVICES, THE LAMPO GROUP, LLC, ITS SUBSIDIARIES, AFFILIATES, AND EMPLOYEES ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR PROFESSIONAL ADVICE. OUR SERVICES ARE OFFERED TO ASSIST YOU IN MAKING AVAILABLE TO YOU DIGITAL BANKING PRODUCTS AND SERVICES AS DESCRIBED HEREIN.
NEITHER THE LAMPO GROUP, LLC, ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, NOR ANY THIRD-PARTY VENDOR, INCLUDING ANY THIRD PARTY SERVICE PROVIDER OF THE SERVICES UNDER WRITTEN CONTRACT WITH THE LAMPO GROUP, LLC (COLLECTIVELY, THE “LAMPO PARTIES”) SHALL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICES, YOUR USE OF THE SERVICES, OR THIS AGREEMENT.
SUBJECT TO APPLICABLE LAW, THE LAMPO PARTIES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS OR REVENUE, LOSS OF PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEM REQUIREMENTS; OR (C) DAMAGES OR LOSSES RELATED TO PROFESSIONAL SERVICES OR ADVICE OF THIRD PARTIES, INCLUDING ADVERTISERS. THE ABOVE LIMITATIONS APPLY EVEN IF THE LAMPO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF THE LAMPO PARTIES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE AND ITS USE. IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST US OR ANY OF THE LAMPO PARTIES MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
THE MAXIMUM AMOUNT TO WHICH THE LAMPO PARTIES MAY BE LIABLE TO YOU IN ANY CIRCUMSTANCE SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL OUT OF POCKET COSTS CAUSED BY OUR INTENTIONAL MISCONDUCT, NEGLIGENCE, OR BREACH, NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00).
You agree to indemnify and hold the Lampo Parties harmless from any and all claims, liability, and expenses, including reasonable attorneys' fees and costs, arising out of your use the Services, or breach of this Agreement (collectively referred to as "Claims"). We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.
Dispute Resolution and Arbitration Agreement
Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and the Lampo Parties agree that any legal dispute between you and the Lampo Parties concerning or arising in any way out of this Agreement or the Services shall be resolved through binding individual. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. The term “dispute” means any dispute, action, claim, or other controversy between you and The Lampo Parties, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party thirty (30) days in which to respond. Notice shall be made by first class or registered mail or overnight courier (1) to the Lampo Parties at 1011 Reams Fleming Boulevard, Franklin, TN 37064 or (2) to you at the postal address on file with the Lampo Parties. Both you and the Lampo Parties agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, The Lampo Group, LLC shall select, another arbitration provider. Unless The Lampo Group, LLC agrees otherwise in writing, any arbitration hearing shall take place in Franklin, Tennessee. The parties will each pay their respective filing, administrative, arbitrator, and hearing costs.
Waiver of Right to Bring Class Action and Representative Claims. Any arbitration shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court; however, any relief must be individualized to you and shall not affect any other customer. You agree that you may bring claims against the Lampo Parties in arbitration only and only in your individual capacity and in so doing you hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration.
Governing Law and Other Terms. The arbitration shall be governed by, and interpreted, construed, and enforced in accordance with, the law of the State of Tennessee.
Our customer service department is happy to help you with questions or concerns regarding your transactions. We have support available from 8:00 A.M. to 9:00 P.M. Central Standard Time on Monday through Friday and 8:00 A.M. to 5:00 P.M. Central Standard Time on Saturdays and Sundays.. If you want to dispute a transaction, you are welcome to call our Customer Care Center at 833-954-0797 to speak with a customer service representative. You may also contact us by e-mail at firstname.lastname@example.org
All disputes relating to a deposit account shall be governed by your Deposit Account Agreement .
You are responsible for all reversal liability, claims, fees, fines, penalties, and other liabilities incurred by us, the Processor, your bank, other Gazelle users, or third parties arising from your breach of this Agreement or your use of the Services. You agree to reimburse us, the Processor, your bank, other Gazelle users, or third parties for any and all such liability.
If we determine, in our sole discretion, that you may have breached this Agreement, that you or your account activity presents risk or security concerns, or if we are unable to verify your identity, we may take actions to protect our business, the Services, the Processor, your bank, other Gazelle users, or other third parties from reversal liability, claims, fines, penalties, and any other liability.
Intellectual Property Rights
The contents of our Services, including its text, videos, graphics, images, logos, and button icons, photographs, editorial content, notices, software, and other material are protected under both United States and other applicable copyright, trademark, and other laws. The contents of our Services belong or are licensed to us or our software or content suppliers. We grant you the right to access, view, and use the Services subject to this Agreement. You may download or print a copy of information provided on the Services for your personal, noncommercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent, which may be withheld in our sole discretion. All rights not granted are exclusively reserved by us. This is not a transfer of ownership in any intellectual property owned by us.
We do not charge users a fee for our Service. Fees charged by the Bank will be found in your Deposit Account Agreement. Transaction fees may be charged by certain third parties and will be disclosed in applicable agreements between you and those third parties.
You understand and agree that we will not be held responsible for any loss or damages caused by extraordinary events beyond our control, including but not limited to acts of God such as, but not limited to, fires, explosions, pandemics, epidemics, earthquakes, and other natural disasters; war whether declared or not, hostilities, invasion, act of foreign enemies, mobilization, requisition, or embargo; rebellion, revolution, insurrection, or military or usurped power, or civil war; destruction or contamination arising from any nuclear explosion or breach of nuclear facility; riot, commotion, strikes, lock outs or other civil disorder; acts or threats of terrorism; disruptions or shutdowns of financial markets; or disruptions of internet or other communications facilities not within our reasonable control.
Governing Law and Venue for Disputes
This Agreement and your relationship with us shall be governed by the laws of the State of Tennessee without regard to its conflict or choice of laws provisions. To the extent not subject to the arbitration provision herein, any dispute with us, or our officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the state and federal courts having jurisdiction over Williamson County, Tennessee. You understand that, in return for agreement to this provision, we are able to offer access to the Services, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our Site and/or Mobile App. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.
If we do not exercise or enforce any legal right or remedy that is contained in the Agreement, such decision on our part will not serve as formal waiver of our rights. Those rights or remedies will still be available to us.
The provisions concerning limitation of liability, arbitration, dispute resolution, choice of law, venue, and indemnity shall survive the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same and supersedes all other previous agreements.
This agreement contains the entire agreement between the Services user and The Lampo Group, LLC d/b/a Gazelle regarding the use of the Services and supersedes all prior written and oral understandings and writings. By accessing or using our Services, you warrant and represent that you are competent to enter this binding agreement.