PLENTI TERMS AND CONDITIONS

You agree and are subject to the following Terms and Conditions ("Terms") when you open a Plenti account or use or participate in the Plenti rewards program in any way. These Terms and Conditions are effective as of January 24, 2017.

WHAT IS PLENTI?

Welcome. Plenti is a rewards program operated by American Express Travel Related Services Company, Inc. (referred to as “Plenti” or “we” or “us”). Plenti lets you earn Plenti rewards points (“Points”) by making qualifying purchases at certain retail and service companies (“Sponsors,” whom we may also refer to as “partners”) and through other promotions and offers that may be provided by Sponsors or other merchants. Fully enrolled Plenti members (“Members”) may use the Points they earn for savings at participating locations of specified Sponsors. Visit plenti.com/partners for a complete list of Sponsors, as well as complete information on where you can earn and use Points. Sponsors are subject to change at any time.

There is no cost to join Plenti. However, you must fully enroll in order to use Points. You are not a Member until you have fully enrolled. Merely having a Plenti rewards card does not mean you are a Member. See “How Do I Become a Member?” below to learn how to fully enroll.

In most cases, you may use any form of payment (e.g., cash, credit, debit) accepted by a given Sponsor to make qualifying purchases that earn Points. You do not need a credit card to join Plenti. Neither the Plenti program nor the rewards card that Plenti provides to you is a credit card. Enrolling in Plenti will not result in an inquiry to the credit bureaus. Points that have been credited to your account for at least two years will expire as of December 31 of each year. For more information, see “How Can I Use Points?” below.

WHO IS ELIGIBLE?

To be eligible to enroll in Plenti, you must be at least 13 years of age and have a residence in the United States or its territories, or in Canada. However, Plenti may only be used in the United States and its territories. If you are between 13 and 18 years old, you must obtain permission from your parent or legal guardian to join Plenti. Plenti may change these eligibility requirements at any time, and reserves the right to refuse membership to any applicant for any reason, in its sole discretion.

HOW DO I BECOME A MEMBER?

To become a Member, you must complete the enrollment process described below. Merely having a Plenti rewards card does not mean you are a Member. For example, if you received a Plenti rewards card at a Sponsor’s store, but have not completed your enrollment, then you are not a Member, even if you provided your name, phone number, and/or email address at that time. If you use your Plenti rewards card before you have completed your enrollment, Plenti will track the Points that you are earning, but you cannot use those Points until you fully enroll and become a Member.

When you enroll, we will ask you for certain personal information, such as your name, address, zip code, salutation, date of birth, e-mail address, and phone number (your “Enrollment Information”). We will also ask you to establish a “PIN” (a four-digit security code that you will need to use Points in some instances) and, where applicable, a username and password for online account access. You represent that all Enrollment Information you provide during enrollment and throughout your interactions with Plenti is true and accurate. You agree to update your Enrollment Information, as necessary to maintain its truth and accuracy. You are responsible for all activities related to your Plenti account and for maintaining the confidentiality of your username, password, and PIN.

Additionally, to complete the enrollment process, you must acknowledge receipt of these Terms and our privacy notices, and consent to our sharing your Enrollment Information with our Sponsors (though you can revoke that consent at any time by going to plenti.com/choices). You can complete enrollment via:

plenti.com/sign-up

• The Plenti app on your mobile device

• Our customer service center at 1-855-PLENTI1 (1-855-753-6841)

• Point of sale terminals at certain Sponsors

Please note: Certain features of Plenti are only available online. If you have internet access, we encourage you to enroll via plenti.com or the Plenti app in order to access all features of Plenti.

CAN I EARN OR USE PLENTI POINTS IF I AM NOT A MEMBER?

Before you fully enroll and become a Member, you are still subject to these Terms. Until you fully enroll and become a Member, you are not eligible to use Points for savings or take advantage of many great Plenti offers. However, you can still earn Points when you make qualifying purchases at our Sponsors, and we will track those Points accordingly. Once you do fully enroll and become a Member, we will then provide you with the ability to use at certain Sponsors those Points that you earned before you fully enrolled. The Points that you earn before you become a Member will still expire if, as of December 31 of each calendar year, they were credited to your account least two years prior, even if you could not use those Points at that time because you had not fully enrolled. See “When do Points expire?” below for further discussion about Point expiration.

HOW DO I EARN POINTS?

Members may earn Points in various ways, which may include by:

• Making Qualifying Purchases

• Redeeming Offers and Promotions

• Using Associated Payment Cards

Qualifying Purchases. Each Sponsor will have different ways for you to earn Points. You will not receive Points for: items excluded by law; shipping amounts; the value of any merchant discounts or coupons; items and services that a particular Sponsor or Plenti deems ineligible; or, in most cases, taxes. Please go to plenti.com for more information about how and where you can earn Points at Sponsors, including which items or services do not constitute qualifying purchases at that Sponsor.

Purchases can generally be made with any form of payment accepted by that Sponsor, except that, in some instances, you will only earn Points if you use a linked credit or debit card. (For more information on linking, see the following paragraph.) In addition, at some Sponsors or merchants, you may need to link your Plenti account with the account that you have with that Sponsor in order to earn Points on qualifying purchases.

To earn Points on qualifying purchases, you need to present and use a Plenti Identifier prior to purchasing qualifying items or services from participating Sponsor locations. Your primary Plenti Identifier is the Plenti rewards card we issue you. Other Plenti Identifiers, which you may be able to use at select Sponsor locations, can include the key tag we provide to you, your 16 digit Plenti account number, a phone number associated with your Plenti account, the digital Plenti rewards card contained within the Plenti app, or, in some cases, your linked credit or debit card. See plenti.com/partners for more information about which Plenti Identifiers can be used at each Sponsor and if there are any additional identifiers that can be used for a particular Sponsor.

Offers & Promotions. Some of our Sponsors may provide you with additional ways to receive Points through offers, promotions, and other programs. Such offers and promotions may be subject to additional terms and conditions. Many offers or promotions will require activation by you on plenti.com or the Plenti app. Certain offers or promotions may require you to link a credit or debit card to your Plenti account and use that card to pay when you make a qualifying purchase. Where applicable, details will be provided on plenti.com regarding how to link your credit or debit card.

Associated Payment Cards. Certain payment cards associated with Plenti may be available to you (“Associated Payment Cards”). You are not required to have an Associated Payment Card to be a Member, but having an Associated Payment Card may provide you with additional ways to earn Points. Your Plenti rewards card issued to you by Plenti is not an Associated Payment Card. You will need to separately apply for any Associated Payment Card, which will require you to undergo credit approval and will be subject to separate terms. Among other things, these separate terms may describe how and where you can earn Points, whether you need to link your Plenti rewards card with your Associated Payment Card, and/or whether you need to present both your Plenti Identifier and the Associated Payment Card in order to earn Points.

AVAILABILITY OF POINTS

We will not credit Points to your account until we receive information about a qualifying purchase. In most instances, we will receive purchase information and credit Points in real time or within 48 hours. However, in some instances, it may take up to 90 days for us to receive purchase information and credit Points. Please note that, for online or shipped purchases, most merchants do not process your transaction until the item(s) ships or is delivered (not when you place the order). Similarly, travel purchases are usually not processed until after travel occurs. Plenti is not responsible for the failure or delay of a Sponsor, any other merchant, or the issuer of an Associated Payment Card, to provide us with the necessary information to credit Points to your account. Additionally, we may hold earned Points in a pending status for up to 45 days for certain purchases, such as those that have high rates of return. Pended Points will be voided if you return such items. We will determine when to pend Points at our sole discretion. If we pend Points, you will be able to see them in your Plenti account as pending, but you will not be able to use them until we release them to your Plenti account.

HOW CAN I USE POINTS?

For Savings on Purchases. Members can use Points for savings on purchases at certain Sponsors. You cannot use Points at all Sponsors. Visit plenti.com/partners to see a full list of where you can use Points. To use Points for savings, use your applicable Plenti Identifier before paying. In some instances you may also need to enter your security PIN, which you can create at plenti.com or during enrollment.

To be eligible to use Points, you must have at least 200 Points in your Plenti account. Points do not have a fixed value. However, you will generally receive savings of at least one cent for each Point you use. For example, 200 Points will generally allow you receive at least $2.00 in savings. However, Sponsors may run promotions that may allow you to obtain a greater amount of savings per Point. Sponsors may also set a specific number of Points for which an item can be exchanged, such as 250 Points for a soft drink. Additionally, in some instances, you may receive a savings of less than one cent for each Point you use.

What Happens to My Points if I Return Merchandise? If you return an item on which you earned a certain number of Points, we may deduct up to an equivalent amount of Points from your Plenti account. For example, if you earned 20 Points for purchasing a vase and then return that vase, we may deduct 20 Points from your Plenti account. Continuing this example, if you have fewer than 20 Points in your Plenti account, we may deduct your remaining balance. If you used Points for savings on a purchase and then return the item purchased, the number of Points that you redeemed will generally be credited to your Plenti account. However in some instances you may receive a store credit instead, depending on the policies of that Sponsor or merchant. Whether or not an item that you have purchased can be returned is subject to the policies of each applicable Sponsor or merchant and applicable law. Plenti makes no representations and bears no responsibility for whether you can or cannot return any item you purchase.

When Do My Points Expire? On December 31 of each year, any Points that are at least two (2) years old will expire. The age of a Point will be measured from the date we credit it to your Plenti account. If you or we terminate your Plenti account, or if the Plenti program is terminated or otherwise modified, Points may be cancelled before they expire. You may not use expired Points. Points will be redeemed in the order in which they were earned.

Limitations. Points have no cash value. Points are not your property. Points are issued without separate payment or other consideration by you, and exist at the sole discretion of Plenti as part of a rewards program. Points cannot be purchased, redeemed for cash or any other monetary value or currency, or used to pay any credit card or other credit device. Points may not be assigned, transferred or pledged to any third party, except as stated herein. Points may not be transferred by operation of law, such as by inheritance, in bankruptcy, or in connection with a divorce.

SEPARATE TERMS AND CONDITIONS AND BENEFITS PROVIDED BY SPONSORS OR MERCHANTS

In addition to and independent of these Terms, Sponsors and other merchants may have their own terms and conditions, which describe specifically how Plenti works at their locations. These terms and conditions may describe things such as how you earn Points at their locations, which items are excluded from earning Points and whether or not you need to link your Plenti account with the merchant’s account in order to earn Points. In certain cases, the Sponsor or merchant may also provide you with additional benefits that are not directly related to Plenti (e.g., price discounts on certain items). Plenti bears no liability under or responsibility for any Sponsor-provided or merchant-provided terms and conditions, or for any associated additional benefits, which are offered solely by the applicable Sponsor or merchant, and may be changed or discontinued at that Sponsor or merchant’s exclusive discretion.

HOW WE USE AND SHARE YOUR DATA

Your Enrollment Information. By becoming a Member of Plenti, you choose to provide us with your Enrollment Information, and you agree to update it from time to time so that it remains accurate. If you provide any Enrollment Information to a Sponsor, you authorize that Sponsor to share your Enrollment Information with us.

Your Account Activity. When you participate in Plenti and/or present a Plenti Identifier, you authorize us and the Sponsor to collect information about your “Account Activity,” which may include the items or services that you purchased, any offers that you redeemed, or any other information related to your transaction, including whether you purchased over-the-counter health products or picked up a prescription from a pharmacy. However, we will not collect information about the type of prescription that you picked up from a pharmacy.

Authorization for Plenti to Use and Share Your Information. You authorize us to use and share your Enrollment Information and Account Activity in accordance with the Plenti Consumer Privacy Notice (plenti.com/consumerprivacynotice) and the Plenti Online Privacy Statement (plenti.com/onlineprivacystatement), each as amended from time to time, in our sole discretion. These authorizations include, but are not limited to:

• Sharing your Enrollment Information with our Sponsors (though you can revoke your consent to our sharing your Enrollment Information at any time by going to plenti.com/choices).

• Using your Account Activity to evaluate, develop, offer and promote our affiliates’ and our Sponsors’ products and services to you.

• Combining your Account Activity information with that of other Members in order to create aggregated reports that we may share with our affiliates, Sponsors, or other nonaffiliated third parties.

You can obtain copies of the Plenti Consumer Privacy Notice and/or the Plenti Online Privacy Statement by clicking on the hyperlinks above or calling 1-855-PLENTI1 (1-855-753-6841).

HOW CAN I MANAGE MY ACCOUNT?

You can create an account at plenti.com and view the Points that you have earned and used. If you believe there is an error in your account balance, you can contact our customer service center by visiting plenti.com/customerservice. We will review your claim and determine whether or not to adjust your balance, at our sole discretion. If you believe your Plenti account has been the subject of any suspicious activity, or if your Plenti card or key tag has been lost or stolen, or if you have changed your phone number, please contact our customer service center immediately at 1-855-PLENTI1 (1-855-753-6841).

CONSOLIDATING OR POOLING ACCOUNTS

Consolidating Accounts. If you have more than one Plenti account, you may consolidate these accounts into a single account, provided that you have fully enrolled at least one of the accounts. The account you select will survive, and all Points earned or pending on the other accounts will be consolidated into the single surviving Plenti account. Please discard and/or cease using any Plenti Identifiers relating to the other accounts, as any further activity on such accounts after they have been consolidated will not be credited to the surviving Plenti account. If you wish to consolidate accounts, please call our customer service center at 1-855-PLENTI1 (1-855-753-6841).

Pooling Accounts. If you wish, you may pool your Plenti account with the accounts of other Members. Up to three (3) accounts may be pooled. When pooled, each account will remain active and can be used to earn and use Points. However, all of the Points across the pooled accounts will form a single balance that can be used by each Member, and that will be subject to deductions relating to each Member. For example, if points are used for savings on purchases by one pooled Member, those points will be deducted from the total pooled balance on the account. Any pooled Member can use all of the pooled Points at any time, without the knowledge or consent of other pooled Members, regardless of whether that Member made any of the purchases that earned those Points. If you pool accounts, each Member will be able to view how other Members in the pooled accounts earn and use Points. For example, if a pooled Member redeems a promotional offer by purchasing a certain product at a Sponsor, then each Member in the pooled accounts could view that activity. Once pooled, Plenti accounts cannot be unpooled. If you wish to cease pooling, you will need to open a new Plenti account and cancel your existing account. If you cancel your existing account, you will no longer be able to use any Points that may remain in the pooled account for the other Members.

To pool accounts, you must: (i) be 18 years of age or older (unless you are pooling with your parent or legal guardian); (ii) be a Member; and (iii) identify the other Members with whom you want to pool accounts. Each Member must consent to pooling.



ACCOUNT CANCELLATION, INACTIVITY AND TERMINATION

Cancellation by You. You may cancel your Plenti account at any time by calling our customer service center at 1-855-PLENTI1 (1-855-753-6841). If you cancel your Plenti account, any Points in your Plenti account will immediately be voided, and cannot be used after you cancel your account.

Inactivity. If you do not earn or use Points for 12 consecutive months, we may delink or remove the phone number on your Plenti account. If you thereafter resume activity in Plenti, you will still be able to earn and use Points with other Plenti Identifiers, but you will not be able to use the delinked phone number as a Plenti Identifier. If you try to use that number to earn Points, those Points may be awarded to someone else, if another person has linked that phone number to their Plenti account. If you wish to use a phone number after being inactive, you will have to reregister a phone number via plenti.com or by calling our customer service center at 1-855-PLENTI1 (1-855-753-6841).

Termination by Plenti. We reserve the right to terminate your Plenti account at any time, or to modify or restrict your ability to use Points, immediately and without notice. We may do so for any reason, or no reason at all, including, but not limited to: if you violate these Terms, if you do not earn or use Points for two (2) or more years, if we determine that you are using your Plenti account for resale purposes, or if you act in a manner that is inconsistent with applicable laws or regulations. If we terminate your Plenti account, any Points in your Plenti account will immediately be voided and cannot be used.

Termination of Entire Rewards Program by Plenti. We may terminate or suspend the entire Plenti program at any time, in our sole discretion.

OUR RIGHTS TO MONITOR YOUR ACCOUNT

You hereby grant Plenti and its Sponsors the right to monitor your Plenti account activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your Plenti account or any of your activities relating to Plenti, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of Plenti or your Plenti account.

HOW CAN WE MODIFY THESE TERMS?

We may modify these Terms in any manner, at any time, in our sole discretion. Such changes may affect Points already received, including the opportunity to use such Points or their redemption rate. We will provide notice of modification on plenti.com and by posting the revised Terms at plenti.com/terms and updating the last modified date. Be sure to check plenti.com from time to time to ensure that you are aware of any changes to these Terms. Modifications to these Terms are effective immediately when posted. Except as set forth herein, modifications apply only to transactions and disputes that arise after the effective date. Your continued use of Plenti after changes have been made to these Terms constitutes your agreement to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, your only recourse is to cancel your membership.

DISCLAIMERS

Plenti and its Sponsors make no guarantees, warranties or representations of any kind concerning Plenti or Points. All Points are void where prohibited by applicable laws or regulations, and these Terms are subject to immediate change if necessary to comply with such laws or regulations. You release and hold harmless us, our affiliates, and any participating Sponsors or other merchants from all liability regarding your earning and use of Points or your participation in Plenti. The Plenti program is only available in English.

We make no representations or warranties, either express or implied, including, but not limited to: any implied warranty of quality, condition, merchantability, fitness for intended use or a particular purpose, or those arising by statute or otherwise in law or from a course of dealing or usage of trade regarding Plenti or the services, materials, or goods advertised, promoted, sold or otherwise made available through a Sponsor or other merchant. You agree that your purchases of goods or services from a Sponsor or other merchant are between you and them, are made at your own risk, and are subject to any additional terms, conditions and restrictions between you and them. We have no responsibility for the delivery, standard, quality, safety, use, suitability or any other aspect of any goods or services ordered or purchased, except where required by law. Sponsors are not the legal partners of Plenti.

Participating Sponsors or participating Sponsor locations may change at any time, and we may terminate or suspend Plenti’s relationship with any Sponsor or

merchant without prior notice to you. A Sponsor that is no longer participating in Plenti may still appear on marketing materials or on your Plenti rewards card.

You acknowledge and agree that you have no ownership rights in Points or your Plenti account. You further acknowledge and agree that you have no third-party beneficiary rights in any agreement between us and any Sponsor, and that the only relationship created by these Terms is one between you and us.

Plenti cannot be used where prohibited by law. Plenti cannot be used outside the United States and its territories, although you may enroll in Plenti if you have a Canadian residence. If any term of this agreement is found by a court to be illegal or not enforceable, except as otherwise provided in the Limitations on Arbitration subsection below, all other terms will still be valid and enforceable.

LIMITATION OF LIABILITY

Under no circumstances shall we, or any of our affiliates, or our or their vendors, or any Sponsor be liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages, whether any claim is based on warranty, contract, tort (including, without limitation, negligence) or otherwise (even if any of them have been advised of the possibility of such damages). This limitation of liability shall apply however damages arise, including, without limitation, whether such damages are incurred by third parties, and/or whether such damages arise from transactions between you and a Sponsor, your use or misuse of Plenti, your inability to use Plenti, or the interruption, suspension, or discontinuation of Plenti.

GOVERNING LAW

New York law and federal law govern these Terms and any aspect of your relationship with us. These laws govern without regard to any conflicts of laws principles that would otherwise apply the substantive law of another jurisdiction.

ASSIGNMENTS

Except as expressly set forth herein, you may not sell, assign or transfer any Points you receive, any other aspect of your Plenti account, or any of your rights or obligations under these Terms, whether by operation of law or otherwise. We may sell, transfer, or assign the Plenti program, these Terms, or your Plenti account, in whole or in part, at any time, without notice to you. If we make such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and we will be released from any responsibilities or obligations.

DISPUTE RESOLUTION

Most customer concerns can be resolved by calling our customer service center at 1-855-PLENTI1 (1-855-753-6841). In the event that the customer service center is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration, or litigation. It includes an arbitration provision.

For this Dispute Resolution section: (a) “you” includes you, any person acting on your behalf including, if you are a minor, your parents and legal guardians; (b) “we” and “us” includes Plenti, our Sponsors and any corporate parents, subsidiaries, affiliates or related persons or entities, and, if there is an assignment, the assignee and its corporate parents, subsidiaries, affiliates or related persons or entities; and (c) “claim” means any current or future claim, dispute or controversy relating to Plenti, including these Terms, except for the validity, enforceability or scope of the arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; and (3) claims by or against any third party using or providing any product, service, or benefit in connection with any Plenti account. You may not sell, assign or transfer a claim.

Sending a Claim Notice. Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a “Claim Notice”) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation. Go to americanexpress.com/claim for a sample Claim Notice. The Claim Notice must describe the claim and state the specific relief demanded. Notice to you may be sent to your email or mailing address. Notice to us must include your name, address and Plenti account number and be sent to American Express ADR, c/o CT Corporation System, 111 8th Ave., New York, NY 10011. If the claim proceeds to arbitration, the amount of any relief demanded in a Claim Notice will not be disclosed to the arbitrator until after the arbitrator rules.

Mediation. In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a Claim Notice. Within 30 days after sending or receiving a Claim Notice, you or we may submit the claim to JAMS (1-800-352-5267; jamsadr.com) or the American Arbitration Association (“AAA”) (1-800-778-7879; adr.org) for mediation. We will pay the fees of the mediator. All mediation-related communications are confidential, inadmissible in court, and not subject to discovery. All applicable statutes of limitation will be tolled until termination of the mediation. Either you or we may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.

Arbitration.

You or we may elect to resolve any claim by individual arbitration. Claims will be decided by a neutral arbitrator.

If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, neither you nor we will have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

Initiating Arbitration. Before beginning arbitration, you or we must first send a Claim Notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this arbitration provision and the selected organization’s rules in effect when the claim is filed, except where those rules conflict with these Terms. If we choose the organization, you may select the other organization within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing, or to another arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”).

We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time, unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or exercising rights under this arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Limitations on Arbitration. If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Members, or other persons similarly situated.

The arbitrator’s authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of the limits described in this Limitations on Arbitration subsection is deemed invalid or unenforceable, then the entire arbitration provision (other than this sentence) will not apply.

Arbitration Procedures. This arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations, and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration subsection, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party’s request, the arbitrator will provide a brief written explanation of the award. The arbitrator’s award will be final and binding, except for any right of review provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.

Arbitration Fees and Costs. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Additional Arbitration Awards. If the arbitrator rules in your favor for an amount greater than any settlement offer we made before arbitration, the arbitrator’s award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys’ fees, costs and expert and other witness fees.

Continuation. This Dispute Resolution section will survive termination of the Plenti program or your Plenti account, any bankruptcy and any sale or assignment of Plenti, or your Plenti account. (In the case of a sale, the terms of this Dispute Resolution provision will apply to the buyer.) If any portion of this Dispute Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Dispute Resolution section.