These Terms of Use (the “Terms”) govern your access to and use of the website located at southwestdebit.com and the related mobile application (collectively, the “Site”). The Site is made available in connection with the Southwest Rapid Rewards^® Debit Card program (the “Program”). By accessing or using the Site, you agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

These Terms may be updated at any time without notice to you. Please review the current version of these Terms on the Site from time to time, because your continued access or use of the Site shall be deemed your acceptance of the Terms in place at that time.

1. 1. Scope of the Terms

These Terms apply solely to the use of the Site and do not govern the Program itself, which is subject to separate terms and conditions. The Site is operated by Galileo Financial Technologies, LLC (“Galileo”), a third-party service provider. The Southwest Rapid Rewards Debit Card (the “Card”) is issued by Sunrise Banks, N.A., Member FDIC (“Sunrise”). The Southwest Rapid Rewards program is operated by Southwest Airlines® Co. (“Southwest”). Additional third-party service providers may be engaged to support operation of the Site.

1. 2. Acceptable Use

You agree to only access or use the Site for lawful purposes and in accordance with these Terms. Prohibited activities include but are not limited to unapproved commercial activities, introducing viruses, malware, or other harmful code, and engaging in fraudulent, unlawful, or abusive conduct. As a user of the Site, you agree not to make any unauthorized use of the Site, or circumvent, disable, or otherwise interfere with security-related features of the Site. Your use of the Site may be suspended, canceled, or terminated if it is determined that it is being used for an unauthorized, illegal purpose, or in violation of these Terms.

1. 3. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE AND ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION IS EXPRESSLY DISCLAIMED. NO WARRANTY OF ANY KIND, WHETHER IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION.

1. 4. Limitation of Liability.

THE OWNERS, OPERATORS, AFFILIATES, SERVICE PROVIDERS, AND OTHER RELATED ENTITIES RESPONSIBLE FOR THE SITE, INCLUDING BUT NOT LIMITED TO GALILEO, SOUTHWEST, OR SUNRISE (COLLECTIVELY “THE SITE PARTIES”) SHALL NOT BE LIABLE, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE SITE, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

1. 5. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Sunrise, Galileo, and Southwest and their respective affiliates, representatives, and service providers from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Site; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party.

1. 6. Arbitration
2. 6.1 Agreement to Arbitrate. By using the Site, you agree that any disputes, claims, or controversies arising out of or relating in any way to these Terms or your use of the Site will be resolved through binding arbitration pursuant to this Section 6 (“Arbitration”). You understand that you have the right to reject this provision as set forth under “Right to Opt Out” below. This agreement to arbitrate is intended to be given the broadest possible interpretation that is enforceable.
3. 6.2 Informal Resolution. Before initiating arbitration, you agree to first attempt to resolve any dispute informally by contacting calling 1-800-615-8230 or writing P.O. Box 71402 Salt Lake City, UT 84171.
4. 6.3 Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Section 6 or any countervailing law. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by visiting www.adr.org. In the case of a conflict between the rules and policies of the administrator and this Section 6, this provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county of your residence, or any other location the parties agree to. All fees and expenses of the arbitrator and administrative fees and expenses of the arbitration shall be paid by the parties as provided by the AAA rules governing the proceeding, or by specific ruling by the arbitrator or agreement of the parties.
5. 6.4 No Class Action. CLASS ACTION WAIVER: UNLESS CONSENTED TO IN WRITING BY BOTH PARTIES, NO PARTY TO AN ARBITRATION WILL HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. Further, unless consented to in writing by both parties, the arbitrator may not join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any third party. Any challenge to the validity of this Section 6 shall be determined exclusively by a court and not by an administrator or any arbitrator.
6. 6.5 Right to Opt-Out. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to P.O. Box 71402 Salt Lake City, UT 84171, within 60 days of the date of your first electronic acceptance of these Terms. The opt out notice must include your full name, your mailing address, and a clear statement that you are opting out of arbitration for these Terms. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration provision. If you do not send an opt-out notice within the specified time, you will be deemed to have accepted the Arbitration provision and will be bound by its terms.
7. 6.6 Waiver of Right to Litigate. By agreeing to these Terms, you understand and agree that you are waiving your right to file a lawsuit in court, including your right to a trial by jury. All disputes between you and us will be resolved through binding arbitration, except as otherwise provided in these Terms.
8. 6.7 Governing Law. This Arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, and not by any state law concerning arbitration. If I have a question about the AAA, I can contact them as follows: American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y. 10271, 212-716-5800, www.adr.org.

1. 7. Copyright

All content, materials, and branding displayed on the Site, including text, graphics, logos, and software, are the intellectual property of Southwest, Sunrise, Galileo, their respective licensors, or others as indicated, and are protected under applicable intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Site, or use of or access to the Site, or any information or technology obtained from the Site, including, but not limited to, the trademarks of Southwest and Sunrise.

1. 8. Links to External Sites

External sites with links on the Site often have terms of use, privacy policies, and security practices that are different from those that are applicable to the Site. It is your responsibility to read and understand those documents before agreeing to use the external site.

1. 9. Governing Law

Except for Section 6 which is governed by the FAA, these Terms shall be governed by the laws of the state of Utah, without regard to conflict of law principles.