Terms of Use

Last updated : February 22, 2017

These Terms of Use (the “Terms”) is a contract between you (“you”, “your”) and plynty LLC and its affiliates (“plynty”, “Compendium Finance LLC””, “we”, “us”, or “our”) and applies to your use of plynty products and services and any other plynty features, technologies, and/or functionalities offered by plynty on our website www.plynty.com (the “Website”), our mobile application (the “plynty App”), or any other services provided by us and on which a link to the Terms are displayed (collectively, together with the Website and plynty App, the “plynty Services” or “Services”). Services are provided to you subject to the Terms as well as our Privacy Policy (“Privacy Policy”), which is available at https://www.plynty.com/privacy-policy, and by this reference is incorporated into the Terms.

1. AGREEMENT

Terms is an electronic contract that sets out the legally binding terms of your use of the plynty Services and your membership in the Services. By registering as a customer or using the Services, you accept the Terms and agree to the provisions, conditions and notices contained or referenced herein.

2. MODIFICATION

We may change the Terms on occasion as the need arises. If we modify Terms, we will make it available through our plynty website and App and revise the date of revision. In the event we make material modification that changes your rights or obligations, we will notify you of those changes by posting an announcement via our Services and/or by sending a message to your email address, and we may require your consent by having you accept the modified Terms. It is your responsibility to periodically review the Terms. The modified Terms are effective upon your acceptance. If you do not agree with any change to the Terms, you may delete your account and discontinue using the Services. If you do not accept the modified Terms, we may discontinue your access to our Services.

3. ABOUT PLYNTY

The Services are a tool that you can use to create a financial plan. The Services provide cash flow analysis and projections through advanced proprietary computer algorithms. The projections are based on the information that you and third party services provide to us regarding your financial goals, financial situation, income, investments, and lifestyle. It is your responsibility to update the information provided to us regularly so that the software can perform effectively.

The financial plan generated by the software is an estimate only. We do not guarantee the accuracy of any financial plan generated by the software.

plynty LLC is a Virginia corporation established in 2014 and headquartered in Herndon, VA.  plynty LLC is a software provider and is not a registered investment advisor.  Any investment advice is provided by Compendium Finance, LLC (“Compendium”), a registered investment advisor also based in Herndon, VA.

4. ELIGIBILITY TO USE

You must be a citizen or a legal resident of the United States and at least eighteen (18) years of age to register for an account or to otherwise use the Services. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of the terms, conditions and notices contained or referenced herein.

5. ACCOUNTS

In order to use the Services, you must first register an account with plynty (the “plynty Account”). During the process of registering your plynty Account you will be asked to disclose personally identifiable information (“Personal Information”) about yourself, which is subject to our Privacy Policy and includes your name, email address, mobile number and account credentials for use during authentication and account access. By registering an account with plynty you agree that the information you provide to us about yourself at the time of registration until termination will be truthful, current, accurate, and complete; you agree to maintain and update this information with us as necessary; and you agree to protect the confidentiality of this information.

In order to get the most of the Services, we highly recommend that you connect your plynty Account to the financial accounts that you have at third party financial institutions (“Financial Account Information”). Subject to our Privacy Policy, we contract with third parties who offer financial data services to aggregate your Financial Account Information, which is enabled by you by providing us login and password credentials to your third party financial institutions. By using the Services and providing us with information, passwords, usernames, PIN codes or other sign in information through the Services, you expressly authorize and direct plynty, on your behalf, to electronically retrieve, use and store your Financial Account Information for the purpose of providing to you the Services. By providing sign-in credentials for your financial accounts and using the Services you acknowledge, accept and agree that when plynty accesses and retrieves Financial Account Information from third parties, plynty is authorized and acting with limited power of attorney and appointed as your attorney-in-fact and agent, and not as the agent of or on behalf of the third party that operates the aggregation services. You acknowledge, accept and agree that third parties shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You acknowledge and agree that the Services are neither endorsed nor sponsored by any third party accessible through the Services. Additionally, we take no responsibility for the timeliness, accuracy and completeness of the Financial Account Information provided us by third party financial account aggregation services or by third party financial institutions with whom you have a customer relationship and have connected to your plynty Account.

6. FEEDBACK

You may provide feedback, comments, and suggestions for improvements to the Services, and you hereby grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free license to use such feedback to improve the Services. We shall not disclose such feedback in any way that would disclose your Personal Information without first obtaining your explicit permission.

7. PRIVACY

We know that your privacy is of the utmost importance to you. It is to us as well. Please read our Privacy Policy (https://www.plynty.com/privacy-policy) in order to better understand our commitment to maintaining your privacy and how we collect, use and disclose your Personal Information. By having access to or using the Services you accept that your use of the Services are subject to our Privacy Policy.

8. MOBILE USAGE

If you use the Services on your mobile device, you are solely responsible for all incurred costs related to that use, including but not limited to SMS charges, data usage charges, and any other telecommunication fees.

By using the Services, you consent to receive and view notices, statements, disclosures and other communications (collectively, “Disclosures”) regarding plynty and Compendium Services electronically. Electronic communications may be delivered through the plynty App, texted to your mobile phone number, and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until termination of your Account with plynty. It is your responsibility to provide us with true, accurate and complete email addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law. You may revoke your consent to receive electronic Disclosures at any time by contacting us per the provision at the bottom of these Terms. If you do not consent or if you revoke your consent, we reserve the right to refuse to accept your plynty Account application, to terminate your plynty Account, to place your plynty Account on inactive status, or to provide a paper copy of Disclosures.

10. SUBSCRIPTION

Your use of the plynty App is subject to a monthly subscription fee for a period of time as specified during account registration (a “Subscription”). Your Subscription will automatically continue on a subscription-to-subscription basis and renew at the end of each period, unless you cancel your Subscription or we terminate it. The specifics of your Subscription are viewable on the profile page of the plynty App. By having access to and using our Services you agree that your Subscription is for personal use only. The cancellation of a Subscription will take effect the day after the last day of the current subscription period. If you cancel your payment or Subscription and/or terminate the Terms before the end of the current subscription period, we will not refund any subscription fees already paid to us. plynty reserves the right, in its sole discretion, to amend or change it’s price for Subscriptions for Services, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by deleting your plynty Account prior to the price change going into effect.

The Services may contain links to third-party websites, products, services, or other resources that are not owned or controlled by plynty. We do not endorse or assume any responsibility for third-party websites, content, products or services. We provide these links only as a convenience. If you access any third party website, content, product or service via the Services, you accept and agree that you do so at your own risk.

12. RISK FACTORS

In addition to the other important disclosures included throughout these Terms, the following contains some of the key risk factors that you must consider when determining whether to become a customer of plynty Services.

Investing in securities involves risk, including the risk that you could lose your entire investment. By using the Services, you understand and accept the investment risk including, but not limited to:

i. While our algorithms are designed to meet the stated investment objectives, there is no certainty that such investment objectives will be met through implementation of the recommendations;

ii. Past performance is no guarantee of future results;

iii. Recommendations are highly reliant on the accuracy of the information you provide us. If the information provided is inaccurate, the quality and applicability of recommendations to you may be materially impacted;

iv. Recommendations are highly reliant on the accurate performance of the algorithms and the technology that generates these algorithms. A malfunction or failure in either could cause you to experience losses, some or all of which could be significant.

v. Our algorithms employ a number of quantitative models that involve assumptions based upon a limited number of variables. Any one or all of these assumptions, whether or not supported by past experience, could prove over time to be incorrect, which could result in major losses.

vi. Recommendations we provide thru our Services, and other information that appears on our Services, may be time sensitive, especially during times of significant market volatility. Thus, recommendations and other information on our Services may be subject to different interpretations as market conditions and other factors change.

vii. Compendium Finance LLC investment recommendations include use of broadly diversified index portfolios. Such portfolios tend to be very tax efficient. The plynty App also makes recommendations regarding “asset location” to increase tax efficiency. Finally, plynty recommends a tax efficient method for withdrawing funds from various accounts during retirement. Supplementary tax advice, which is outside the scope of the services we provide, may be necessary to minimize the impact of tax liabilities you could incur. We rely on third parties for the provision of market statistics, fund details, and related information. There could be errors that are beyond our control in the information and/or services they provide, and such errors could compromise the quality of recommendations and otherwise compromise our ability to perform under these Terms. Further, some or all of the agreements that we have entered into with third party service providers allow the third party to terminate the agreement for any reason or no reason at all with no advance notice to us. In such instances, our ability to perform under these Terms could be materially compromised.

13. TERMINATION

We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time, with or without notice to you, including in the event of your suspected or actual unauthorized use of the Services, or violation of the Terms. Terms will continue to apply to you until terminated by either you or us. However, you accept and agree that the following provisions of the Terms will survive: “Feedback”, “Termination”, “Limitation of Liability”, “Dispute and Arbitration” and “General”. If you or us terminate the Terms, or if we suspend your access to the Services, you accept and agree that we have neither liability nor responsibility to refund any subscription fees that you have already paid, to the fullest extent permitted under applicable law. You may terminate your plynty Account at any time either by using the plynty App to delete your plynty Account or by contacting customer service at support@plynty.com.

14. THIRD PARTY AGREEMENTS

You accept and agree that Terms are strictly between you and us, not with any third party, and that we are solely responsible for the Services. Your use of the Services may be subject to other and separate agreements that you may enter into with your mobile device manufacturer, your operating system manufacturer and your wireless carrier or networking providers. You acknowledge, accept and agree to comply with all applicable third party terms when using the Services. plynty is neither a party to those agreements nor has responsibility for the products and services provided by third parties. If you have access to or are using the Services, you accept and agree that third parties are beneficiaries of the Terms and shall have the right (and will be deemed to have accepted the right) to enforce this Term against you as a third party beneficiary.

15. RIGHTS GRANTED TO US

By providing us with personally identifiable and other information through use of the Services, you are granting us the right and license to use and store such information for the purpose of providing to you the Services. These rights are royalty-free and irrevocable. These rights extend without limitation to third parties related to the provision of the Services, solely for the purpose of providing to you the Services.

16. RIGHTS GRANTED YOU

Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and to make use of the plynty App (“the License”). The License shall remain in effect until and unless terminated by you or us.

17. PROHIBITED ACTIVITIES

By using the Services, you agree not to engage in any of the following:

i. Breach the Terms that you have entered into with plynty;

ii. Violate any applicable domestic or international law, statute, ordinance or regulation, or exploit the Services for any illegitimate purposes;

iii. Violate, infringe, or misappropriate plynty’s or a third party’s copyright, patent, trademark, trade secrets or other intellectual property rights or rights of publicity or privacy;

iv. Misrepresent your personal identify or your authority to disclose Personal Information;

v. Post, upload, or distribute any content objectionable to plynty that includes but not limited to: (i) is fraudulent, false, misleading or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or offensive, (iii) or is hateful, harassing, or threatening;

vi. Attempt to disrupt the normal operation of the service to the detriment of plynty and users of the Services, including without limitation (i) interfering with the access of any user, host or network, (ii) circumventing or impairing any technological measure implemented by plynty or any other third to protect the Services; (iii) broadcasting or posting any unsolicited or unauthorized electronic communication to users of the Services or associated third parties; (iv) introducing any virus or similar malicious malware; (v) and collecting from the Services any personally identifiable information of users or third parties without their express permission;

vii. Reverse-engineer, decompile, disassemble, modify or create derivative of the software used to provide the Services;

viii. Monitor or duplicate the Website or plynty App using manual techniques or automated agents such as spiders, robots, crawlers, meta tags and data miners;

ix. Encourage or enable any other individual to do any of the foregoing.

18. YOUR GENERAL REPRESENTATIONS AND WARRANTY

You represent and warrant to us that:

i. You understand, accept and agree that you are solely responsible for providing true, complete, timely and accurate Personal Information to us, whether reported directly or through a third party who you authorize to do so.

ii. You made an independent assessment of the Services we offer and have determined that the Services are appropriate for you based on your Personal Information.

iii. You acknowledge, accept, and agree that by providing us with false or materially inaccurate information, the investment recommendations Compendium Finance LLC provides may not meet your requirements or expectations.

19. INTELLECTUAL PROPERTY

plynty is the sole owner and operator of the Services, which includes the Website and the plynty App. The text, graphics, images, photos, animation, music, sounds, user experience, data, source and object code, products, services and all other materials contained within the Services are protected by all the United States and international copyright laws, intellectual property and proprietary rights and trademark and other applicable laws. Without the express written consent of plynty, you may not in any way derive or exploit materials contained within the Services, including but not limited to posting, copying, imitating, republishing, reproducing, linking or framing with a website.

20. INDEMNITY

You expressly understand, agree and accept that your use of the Services shall be at your own risk. To the fullest extent permitted by applicable law, you understand, agree and accept to defend, indemnify and hold harmless plynty and its officers, directors, employees, licensors and agents from and against all claims, disputes, damages, losses and expenses of any kind including reasonable attorney fees and costs arising out of or in any way connected with: (i) your access to or use of the Service; (ii) your breach of the Terms; (iii) your violation of any third-party right; or (iv) any disputes or issues between you and any third party.

21. WARRANTY DISCLAIMERS

YOU ACKNOWLEDGE, ACCEPT AND AGREE THAT THE PLYNTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND SUITABILITY FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICES, THE CONTENT, AND ANY INFORMATION OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU ASSUME RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OR ACCESS TO THE SERVICE.

WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE PLYNTY WEBSITES, PLYNTY APP OR ANY OTHER SITES REFERENCED TO IN OR LINKED TO THESE TERMS; AND WE WILL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON OUR EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY OUR WEBSITE AND MOBILE APP, OR OTHERWISE ASSOCIATED WITH YOUR USE OF THE SERVICES.

WE MAKE NO GUARANTEE THAT THE USE OF THE SERVICES WILL BE (i) AVAILABLE, SECURE, TIMELY, UNINTERRUPTED, AND FREE OF ERRORS; (ii) COMPATIBLE WITH ANY CONSUMER-OWNED DEVICE, SOFTWARE, OR NETWORKING PROVIDER; (iii) AVAILABLE IN ANY DOMESTIC UNITED STATES LOCATION; (iv) OR FREE OF VIRUSES OR OTHER MALWARE.

THE SERVICES AND CONTENT PROVIDED THROUGH THE SERVICES ARE SOLELY INFORMATIONAL IN PURPOSE. PLYNTY IS NOT A FIDUCIARY, DEALER, BROKER, INVESTMENT ADVISOR, BANK, CREDIT UNION, OR OTHER DEPOSITORY INSTITUTION. PLYNTY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE BENEFITS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLYNTY, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND UNDERSTAND THAT PLYNTY SERVES SOLELY AS AN INTERMEDIARY BETWEEN YOU AND THIRD PARTY FULFILLMENT PARTNERS THROUGH WHOM FINANCIAL PRODUCTS AND SERVICES ARE OFFERED. WE DO NOT ENDORSE, WARRANT OR GUARANTEE THAT ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM THIRD PARTIES WILL BE MOST SUITABLE FOR YOUR NEEDS AND MEET YOUR EXPECTATIONS. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION (i)THE INACCURACY OR INCOMPLETENESS OF ANY PRODUCT AVAILABILITY; (ii) PRODUCT PRICE OR RELATED INFORMATION AVAILABLE THROUGH THE SERVICES; (iii) OR THE AVAILABILITY OR LEGALITY OF OFFERINGS FROM OUR FULFILLMENT PARTNERS.

WE ASSUME NO RESPONSIBILITY FOR YOUR FAILURE TO TIMELY UPDATE INFORMATION PROVIDED TO US BY YOU, OR FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY CONTENT OR OTHER DATA AND DOCUMENTS THAT ARE REFERENCED BY, LINKED TO, OR PROVIDED BY OR THROUGH THE SERVICES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

22. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLYNTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OF DATA, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATING TO THESE TERMS OR FROM THE ACCESS TO OR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLYNTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIABILITY OF PLYNTY’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

23. GOVERNING JURISDICTION AND VENUE

These Terms and any action related hereto shall be governed by the laws of the State of Virginia without regard to conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and us agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Fairfax County, Virginia for the purpose of litigating all such disputes.

24. DISPUTE AND ARBITRATION

24.1 Agreement to Arbitrate

You and plynty agree that any and all disputes, claims, or controversies arising in connection with Terms or your relationship with plynty as a customer of its Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the TERMS) shall be resolved by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. There may be more limited discovery than in court. The arbitrator must follow the Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Terms.

24.2 Exceptions

Notwithstanding the provision 24.1 above, you and plynty both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (i) bring an individual action in a United States small claims court, (ii) pursue enforcement actions through applicable United States federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

24.3 Arbitration Rules

Any arbitration between you and us will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by the Terms. You and plynty agree that these Terms affect interstate commerce, so the United States Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as filing instructions and forms are available by contacting plynty, online at adr.org, or you may call the AAA at 1-800-778-7879.

24.4 Arbitrator

Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

24.5 Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). plynty’s address for Notice is:

plynty, LLC Suite 300 13880 Dulles Corners Lane Herndon, VA 20171

The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or plynty may commence an arbitration proceeding.

Unless you and plynty otherwise agree, the arbitration will be conducted in Fairfax County, Virginia, provided your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and plynty submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

During the arbitration, the amount of any settlement offer made by you or plynty shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, plynty shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by plynty in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00 USD, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor plynty shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.

24.6. Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorney fees and expenses, to the extent provided under applicable law. plynty will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

24.7. Modifications

In the event that plynty makes any future change to this arbitration provision (other than a change to our address for Notice), you may reject any such change by sending us written notice within 30 days of the change to our address for Notice, in which case your plynty Account shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.

24.8. Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND PLYNTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree otherwise, arbitrator or judge may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

24.9. Enforceability

If the class action waiver in 24.8 above is found to be unenforceable in arbitration or if the entirety of this Section 24 is found to be unenforceable, then the entirety of this Section 24 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23 shall govern any action arising out of or related to the Terms.

25. GENERAL

Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and us regarding the Services, and the Terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Services. Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, that provision will be enforced to the maximum extent permitted by law, and the other provisions of the Terms will remain in full force and effect. You may not assign or transfer the Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer the Terms without notice. Any failure by plynty or third party beneficiary to enforce any right or provision of the Terms shall not be considered a waiver of such right or provision.

26. HOW TO CONTACT US

If you have questions or concerns regarding the Terms, feedback pertaining to the plynty Services that you would like us to consider, or are a California resident and wish to have a copy of the Terms mailed to you electronically, please write or email us at:

Attention: Terms of Use

plynty

13880 Dulles Corner Lane, Suite 300

Herndon, VA 20171

www.plynty.com

Email us at support@plynty.com