WHAT IS PLENTI?
Welcome. Plenti is a rewards program operated by the American Express Travel Related Services Company, Inc. (referred to as “Plenti” or “we” or “us”). Plenti allows fully enrolled members (“Members”) to earn 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. Members may use the Points they earn to receive discounts at the participating locations of specified Sponsors. Visit plenti.com for more information on where you can earn and use Points.
There is no cost to participate in Plenti. However, you must fully enroll in order to earn and use Points. You are not a Member until you have fully enrolled. Merely having a rewards card does not mean you are a Member. See “How Do I Become a Member?” below to learn how to fully enroll.
You may use any form of payment (e.g., cash, credit, debit) generally accepted by a given Sponsor to make qualifying purchases that earn Points. You do not need a credit card to join Plenti. Plenti is not itself a credit card. Enrolling in Plenti will not result in an inquiry to the credit bureaus. Points expire after two years, as described below under “How Can I Use Points?”
WHO IS ELIGIBLE?
To be eligible for Plenti, you must be at least 13 years of age and have a residence in the United States or its territories. If you are between 13 and 18 years old, you agree you have obtained permission from your parent or legal guardian to join Plenti. Additionally, if you live in Canada you are eligible to join Plenti; however, Plenti is only available for use in the United States and its territories. 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. Corporations and other business organizations are not eligible to become Members.
HOW DO I BECOME A MEMBER?
To become a Member, you must complete an enrollment application and it must be accepted by Plenti. 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 a “Pre-Enrollee,” and not a Member, even if you provided your name, phone number or email address at that time. If you are a Pre-Enrollee, Plenti will track the Points you would be earning if you were a Member, but you cannot use those Points until you fully enroll and become a Member. See “What is a Pre-Enrollee?” below for more information.
When you enroll, we will ask you for certain personal information, such as your name, address, salutation (such as Mr. or Ms.), date of birth, email address and phone number (your “Enrollment Information”). We will also ask you to establish a “PIN ” (a four-digit security code you will need to use Points in some instances) and, where applicable, a username and password for online account access. 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 access our enrollment application via:
• The Plenti app on your mobile device
• Our customer service center at 1-855-PLENTI1 (1-855-753-6841). 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 mobile app. Otherwise you will not be able to access all features.
You hereby represent that all Enrollment Information you provide during enrollment and throughout your interactions with Plenti is and will be 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 and any password and PIN you may create.
WHAT IS A PRE-ENROLLEE?
Until you fully enroll and become a Member as described above, you are not eligible to earn or use Points. However, you may have already obtained a Plenti rewards card or other identifier, which means you are a Pre-Enrollee. As a Pre-Enrollee you can use Plenti when you make qualifying purchases at our Sponsors. We will track the Points you would be earning if you were a Member, but you cannot access or use those Points until you fully enroll and become a Member. If you do fully enroll and become a Member, you will receive the Points we tracked while you were a Pre-Enrollee, subject to the two-year Point expiration rules described below under “How Can I Use Points?”
As a Pre-Enrollee, you are subject to these Terms and any applicable Sponsor-specific terms and conditions; however, certain features, including earning and using Points, will not be available to you unless and until you become a Member.
HOW DO I EARN POINTS?
Members may earn Points in various ways, which may include by:
• Making Qualifying Purchases
• Shopping via the Plenti Online Marketplace
• Redeeming Offers & Promotions
• Using certain Associated Payment Cards
• Activating Household Offers for in-store and online purchases
Qualifying Purchases: To earn Points, 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 Plenti account number, a phone number you link to your Plenti account or the digital Plenti rewards card contained within the Plenti mobile application. See plenti.com/partners for more information on which Plenti Identifiers can be used at each Sponsor and if there are any additional identifiers that can be used for a particular Sponsor. Each Sponsor will have different ways for you to earn Points for their qualifying items, services or behaviors. Sponsor locations and availability can vary based on geographic location. For certain purchases to earn Points, including many recurring payments, you may also need to link your Plenti account with an account you have with a Sponsor. Purchases can be made with any form of payment generally accepted by that Sponsor. You will not receive Points for: items excluded by law; taxes and shipping amounts; the value of any discounts or coupons; or items a particular Sponsor deems ineligible. Please go to plenti.com to see a list of Sponsors and for more information on our Sponsors and how and where you can earn Points.
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, and you agree to such terms and conditions by using your Plenti Identifier in connection with any such offer or promotion. Most offers or promotions will require activation by you via plenti.com or our mobile app.
Associated Payment Cards. Certain payment cards associated with Plenti will allow you to receive Points for many of the purchases you make using that card, regardless of whether you make the purchase at a Sponsor. You will need to separately apply for any associated payment card product. The company offering such card will determine your eligibility for the payment card. Separate and additional terms and conditions will apply. These separate terms will describe how you can earn Points and any limits on how many Points you can earn using associated payment cards. You will need to present both a Plenti Identifier and the applicable payment card when you make purchases at a Sponsor using an associated payment card in order to be eligible to earn Points both from the Sponsor and from your card product. You are not required to have an associated payment card to be a Member of Plenti, but it can provide you additional ways to earn Points.
Online Marketplace. Visit plenti.com/marketplace to see offers that will allow you to earn Points for purchasing a wide variety of products and services, including from companies other than our Sponsors. Additional terms and conditions will apply to these offers. It may take up to 45 days for Points associated with these purchases to post to your Plenti account.
Household Offers. Visit plenti.com/household to see how you can earn points on household products at eligible supermarkets and other retailers. You can also earn points on household offers at Rite Aid. Additional terms and conditions will apply to these offers. It may take up to 30 days for points earned from these purchases to post to your Plenti account. Once a household offer is activated, it is only redeemable once.
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 in real time or within 48 hours. However, in some instances, it may take up to 90 days for us to receive purchase information. 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 often not processed until travel occurs. Plenti is not responsible for the failure or delay of a Sponsor, or any other merchant, or the issuer of an associated payment card, to provide us with the necessary information to credit Points to you. Additionally, we may hold your Points in a pending status for up to 45 days for certain purchases, such as those that have high rates of returns (and pended Points will be voided if you return such items). We will determine when to pend Points at our sole discretion. If we pend your 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?
To Discount Purchases. Members can use Points to receive a discount on purchases at certain Sponsors. Visit plenti.com/partners to see where. To use Points to receive a discount, 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 can generally receive a discount of at least one cent for each Point you use. For example, 200 Points will generally allow you to discount your purchase price by at least $2.00. Sponsors may, however, run promotions that allow you to obtain a greater discount per Point. Additionally, in some instances, Sponsors may set a specific number of Points that an item can be exchanged for, such as 250 Points for a soft drink. In some instances, you may receive a discount of less than one cent for each Point you use. Whenever you are considering whether to use Points, you should review the offer and consider what you will receive.
Certain products or services are not eligible for discounts using Points. Ineligible products include, but are not limited to: items excluded by law; prepaid cards; lottery tickets; cash equivalents (such as money orders, money transfers, and travelers’ checks); and other items a Sponsor may deem ineligible. You cannot use Points at all Sponsors. Participating Sponsors may put some limits on how often you can use Points within set periods of time. Participating Sponsors may change at any time and without prior notice to you. For more information, please visit plenti.com/partners.
To Obtain Vouchers. You may also use Points to obtain vouchers offered by certain participating Sponsors through plenti.com. Vouchers can then be used towards purchases at that Sponsor. Vouchers will be issued directly by the Sponsor, not Plenti. The applicable Sponsor will establish all terms and conditions applicable to the voucher and bears full responsibility for all matters related to the voucher, including fulfillment. When you use Points to obtain a voucher, the Points will be permanently and immediately deducted from your Plenti account.
What Happens to My Points if I Return Merchandise? If you return an item on which you earned Points, we may deduct Points from your Plenti account up to the number of Points you originally received for that purchase. 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, we may deduct your remaining balance. If you used Points to discount a purchase and then return the item purchased, the number of Points you redeemed will generally be posted to your Plenti account, though in some instances you may receive a store credit instead, depending on the policies of that Sponsor or merchant. Whether or not an item you purchase 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 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 post it to your Plenti account (or the date on which the Points were tracked, if you were then a Pre-Enrollee). In most instances, Points will be redeemed in the order in which they were earned. If you or we terminate your Plenti account or if the Plenti program is terminated or otherwise modified, your Points may be cancelled before they expire. You may not use expired Points.
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, cannot be redeemed for cash or any other monetary value or currency, and cannot be used to pay any credit card or other credit device. Points may not be assigned, transferred or pledged to any third party. Points may not be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce.
OTHER BENEFITS PLENTI PROVIDES TO YOU
Some Sponsors may offer additional benefits when you present and use a Plenti Identifier, such as price discounts on certain items that do not require you to use Points. These additional benefits are offered by the applicable Sponsor, are subject to its terms and conditions and may be changed or discontinued at that Sponsor’s discretion. If you use your Plenti membership to take advantage of any such additional benefits, you agree to be subject to the additional terms and conditions of such Sponsor with regard to such additional benefits. To see which Sponsors currently offer additional benefits and for more information, please go to plenti.com/partners.
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 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 you, which may include your purchases, offers you redeem or anything else related to your transaction (your “Account Activity”).
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 at 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 to view the Points you have earned and used. If you believe there is an error in your account balance, you can email us or contact our 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 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 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 consolidate into the single surviving Plenti account. Please discard any Plenti Identifiers relating to the other accounts and discontinue using any phone number associated with such other accounts as an identifier, 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 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 either earn or 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 merchandise is returned). 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 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 cancelled.
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.
Termination by Plenti. We reserve the right to terminate your Plenti account at any time, or 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 commercial or resale purposes, or as otherwise required by applicable law. If we terminate your Plenti account, any Points in your Plenti account will immediately be cancelled.
Termination of Entire Rewards Program by Plenti. We may terminate or suspend the entire Plenti program at any time, in our sole discretion, with no less than three months’ notice through plenti.com or other means, unless a shorter period is necessary to comply with legal or regulatory requirements. During the three-month notice period, some or all elements of Plenti may change or be cancelled, but Members will be able to continue using previously earned Points, and Pre-Enrollees will be able to complete enrollment in order to become Members and use their previously tracked Points.
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 costs and damages. This section shall survive termination of Plenti or your Plenti account.
HOW CAN WE MODIFY THESE TERMS?
We may modify these Terms in any manner, including eligibility for membership, the rules for receiving or using Points, or any other aspect of Plenti, 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. When required by applicable law, we will additionally send notice of the modifications to you at a postal or email address we have on file. Modifications to these Terms are effective immediately when posted. 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 Terms as modified. If you do not agree to be bound by the Terms as modified, your only recourse is to cancel your membership.
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.
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.
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 or related to Plenti is one between you and us.
Plenti is void outside the United States and its territories and where prohibited by law. 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 the damages arise from transactions between you and a Sponsor, use or misuse of Plenti, inability to use Plenti, or the interruption, suspension or discontinuation of Plenti (including, without limitation, such damages incurred by third parties).
New York and federal law govern these Terms and any aspect of your relationship with us. They govern without regard to any conflicts of laws principles that would apply the substantive law of another jurisdiction.
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 we make the assignment to, and we will be released from any responsibilities or obligations.
Most customer concerns can be resolved by calling our customer service center at 1-855-PLENTI1 (1-855-753-6841). In the event customer service 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 section, (a) “you” includes you, or 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.
You or we may elect to resolve any claim by individual arbitration. Claims are 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, you and we will not 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 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 an 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 appeal 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 final 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 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, its terms 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.