Terms and Conditions
Updated: August 01, 2015
These Terms provide that all disputes between you and PlentyFi will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 17 below for the details regarding your agreement to arbitrate any disputes with PlentyFi.
These Terms allow us to change terms or conditions, including any terms or conditions not contemplated by the parties at establishment of these Terms. Please review Section 21 below for details regarding changes to terms.
- “Destination Account” means the U.S. based savings account that you designate as the account, to which the accumulated savings will be transferred.
- “Funding Account” means the U.S. based checking account that you designate as the account, which will be debited for the purpose of PlentyFi automatic savings program.
- “Processor” means the ACH provider used to process the movement of your funds. For purposes of these Terms, the party contemplated to be Processor is CheckGateway or another provider at PlentyFi’s discretion.
- “PlentyFi Automatic Savings Program” means the Sites and Services offered by PlentyFi that calculate and periodically transfer the dollar amount of funds from your Funding to your Destination Account.
- “Transfer(s)” means an automatic transfer of savings from Funding Account to Destination Account initiated for the purpose of PlentyFi Automatic Savings Program.
- “User” means a user of PlentyFi’s website or applications.
- "You", “your” and "yours" mean you, the User of PlentyFi’s Service, as the party agreeing to these Terms.
In order to use the Services, (i) you must be an individual person at least 18 years of age and able to form legally binding contracts under applicable law, (ii) you must have a postal mailing address in the United States and a valid and active e-mail address, and (iii) you must have a valid deposit account with a U.S. financial institution. Other restrictions may apply.
2. Services Offered
- PlentyFi Automatic Savings Program. PlentyFi offers various tools and functions through the Sites, including a personal information management service that allows you to consolidate certain personal information on www.PlentyFi.com and on mobile devices and automatically contribute money from your Funding Account to your Destination Account.
- YOU ACKNOWLEDGE AND AGREE THAT WHEN PLENTYFI IS ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, PLENTYFI IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. The Services are not sponsored or endorsed by any third parties accessible through the Services.
- PlentyFi provides information to the Processor, on your behalf, to allow the Processor to implement your savings services. Your funds may be co-mingled and held with other participants’ funds in one or more pooled accounts at one or more FDIC-insured banks on your behalf and for the benefit of you and other users (each a “Pooled Account”). U.S. dollar balances held in the pooled account are eligible for FDIC pass-through insurance, meaning that your funds may be insured up to the FDIC maximum (currently $250,000) in aggregate with other funds held by you at that bank. The Processor has sole discretion over the establishment and maintenance of any pooled account.
- Funds associated with you will at all times be held separate from the Processor’s corporate funds. The Processor will not use your funds for its corporate purposes (including the granting of any security or similar interest), will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit its creditors to attach the funds. You will not receive interest or any other earnings on any funds that are handled for you. As consideration for using the PlentyFi Automatic Savings Program, you assign to the Processor and to us all rights and legal interests to any interest and/or other earnings or benefits that may accrue or are attributable to the holding of your funds in a pooled account (described above).
- The PlentyFi Automatic Savings Program will allow you to set up numerous parameters of the automatic savings service. These include bank accounts, consisting of a Funding Account, which is a checking account and a Destination Account, which is a savings account. Furthermore, you will indicate the $ amount of your Savings Goal and the Deadline. Both parameters will be used to calculate savings transfers.
- Authorization of Scheduled Transfers
- By indicating and entering the above mentioned parameters, you give the Processor authorization to debit your Funding Account one (1) time per week, and credit your Destination Account one (1) time per week. You authorize us to share information with the Processor to accomplish this. The full monthly amount that will be debited from your Funding Account will be transferred to your Destination Account.
- When you register for the PlentyFi Automatic Savings Program, you authorize us to instruct the Processor to initiate micro debit and credit transactions within your Funding Account and Destination Account respectively, in case we need to determine that your designated Funding Account and Destination Account are valid and available for use.
- User Information Authority
- By entering your Funding Account information, you authorize us to instruct the Processor to initiate ACH debit transactions on your behalf. You agree to maintain a balance in the specified Funding Account that is sufficient to transfer funds to your Destination Account. You represent and warrant that you have the right to authorize the Processor to debit the Funding Account to automatically transfer funds for the purpose of the PlentyFi Automatic Savings Program. You will indemnify and hold PlentyFi harmless from any claims by any other owner of the account.
- Services Guarantee
- We are not responsible for any failure to complete or delay in completing any Transfers due to any of the following: 1. Your Funding Account does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution. 2. Your Funding Account is closed. 3. Circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the transfer or payment from being completed.
- If the Processor is unable to access funds from your specified Funding Account to complete a bill payment transaction you request for any reason (for example, if there are insufficient funds or credit available in your Funding Account to cover the requested transaction), the transaction may not be completed. In such case, you agree that you will reimburse PlentyFi for any fees imposed on us or the Processor as a result of the failed transaction.
- Provided none of the forgoing exceptions are applicable, if the Processor causes a greater amount of funds than necessary to be removed from your Funding Account, or a duplicate transfer of funds, we will use our reasonable best efforts to return a refund to your Funding Account for the difference between the actual amount withdrawn and the correct amount.
4. Your Use of Services
- Your right to access and use the Sites and use the Services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Sites and Services for lawful purposes.
- Accurate records enable us to provide the Sites and Services to you. You must provide true, accurate, current, and complete information about your accounts maintained at Third Party Sites, and you may not misrepresent any Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
- In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services.
- Your access and use the PlentyFi Automatic Savings Program may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Services, or other actions that PlentyFi, in its sole discretion, may elect to take. In no event will PlentyFi be liable to any party for any loss, cost, or damage that results from any period of downtime of the Sites or Services.
5. Usage Limitations, Obligations and Availability
- You agree that you will not provide access to the Services to any party other than yourself and other joint owners of your account, and you will take reasonable precautions to safeguard your log-in and password and keep it confidential. You agree to use the PlentyFi Automatic Savings Program only for lawful purposes. You are responsible to provide at your own expense all necessary telephone lines, Internet connection and equipment needed to access the PlentyFi Automatic Savings Program. You must maintain the confidentiality of your assigned user name and password for the PlentyFi Automatic Savings Program and you are responsible for all charges incurred under your log-in and password, as above, unless otherwise provided under these terms. The availability of the PlentyFi Automatic Savings Program may be subject to interruption and delay due to causes beyond our reasonable control.
- An "unauthorized electronic fund transfer" is an electronic funds transfer conducted by a person who does not have actual, implied, or apparent authority to use your account, and which does not benefit you. If you give your log-in and/or password to another person, all electronic funds transfers by that person are authorized unless and until you notify us that the transfers by that person are no longer authorized and you change your log-in and/or password.
- The PlentyFi Automatic Savings Program may only be applied to Transfers from a Funding Account to a Destination Account that solely belong to the same User and these bank accounts MUST be personal accounts with a legal U.S. financial institution. A User is not permitted to input bank account information including, but not limited to: checking and/or savings account numbers that do not belong to him or her.
6. Unauthorized Access and Stolen User Information
- If you believe that your log-in and/or password has been lost or stolen, or that someone is using your log-in and/or password without your permission, notify us IMMEDIATELY in order to minimize your possible losses. The following is our contact information:
- Telephone Number: 1 (650) 409-6043
- E-mail Address: support@PlentyFi.com
- Mailing Address: Overland Park, KS, USA
- If you notify us within two (2) business days after you learn of the loss or theft of your log-in and/or password, your maximum liability for unauthorized electronic fund transfers is $50.00. If you do NOT notify us within four (4) business days after you learn of the loss or theft of your log-in and/or password, and we can prove that we could have prevented someone else from using your account had you done so, your maximum liability for unauthorized electronic funds transfer is $500.00.
- If your bank account statement shows payments through the PlentyFi Automatic Savings Program that you did not authorize, notify us IMMEDIATELY. If you do not notify us within ninety (90) days after the statement was mailed to you, you may not get back any of the unauthorized payments made after ninety (90) days if we can prove that we could have prevented the unauthorized payments if you told us in time. If a good reason (for example, a hospital stay or a long trip) prevented you from telling us sooner, we may, if we choose, extend this time.
7. Term and Termination
- These Terms will be in effect from the date you first start using the PlentyFi Automatic Savings Program. You may terminate your account with PlentyFi at any time. The provisions and all obligations of and restrictions on you and any User of your account with respect to any Site or Services shall survive any termination of these Terms. The termination of your account with PlentyFi shall not affect any fees or charges already due to us from you. Neither termination nor suspension shall affect your liability or obligations under these Terms.
- If you violate any provision of these Terms, your permission to use the Services will terminate automatically. You agree that PlentyFi, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of any Sites or Services, for any reason or no reason, including for lack of use or if PlentyFi believes that you have violated or acted inconsistently with the letter or spirit of these Terms or other terms applicable to a specific Sites or Services. PlentyFi may, also, in its sole and absolute discretion, and at any time, modify or discontinue providing any Sites or Services, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that PlentyFi may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files, the PlentyFi Automatic Savings Program by you. Further, you agree that PlentyFi shall not be liable to you or any third party for any termination of your access to the PlentyFi Automatic Savings Program.
- You can pause the automatic transfers of the PlentyFi Automatic Savings Program at any time without penalty by selecting the appropriate option on www.PlentyFi.com under the “settings” tab. We will update your current savings account balance and forecasted statistics for a maximum sum of thirty (30) days per year after you pause the automatic transfers. You may resume these transfers at any time.
- You can cancel your registration with any Sites or Services at any time and have your information deleted from our records. If you would like to delete your account, please email us at support@PlentyFi.com.
You agree to defend, indemnify and hold us and our providers harmless from and against any third party claims, including any damages, costs, expenses and attorneys' fees arising out of your use of the PlentyFi Automatic Savings Program.
9. Disclaimer of Warranty
- The Sites, Services, information, data, features, and all content is offered and made available on an "as is" and "as available" basis. PlentyFi makes no representations or warranties of any kind, express or implied, as to the content or operation of the Sites or Services. PlentyFi specifically (but without limitation) disclaims all warranties of any kind, including, but not limited to any implied warranties of merchantability or fitness for a particular purpose. You expressly agree that your use of the Sites and Services is at your sole risk.
- After every debit transaction is initiated, the funds will be withdrawn from a User’s Funding Account will be transferred to his or her Destination Account with a time delay. During this period, PlentyFi will in no way or time, possess, manage, or be responsible for the funds being transferred. During this period, the party fully responsible for the funds will be the Processor.
- THE SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. PlentyFi IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. To the extent you use any Services for banking or other financial services, the Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
- All forecasts and/or data reflecting future expectations shown by the PlentyFi Automatic Savings Program is in no way a guarantee for an actual amount of funds that a User may accumulate on his or her Destination account at any time in the future. PlentyFi offers no warranties of any kind for any amount or product displayed according to any forecasted data.
- PlentyFi does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store Account Information. Any information made available through the Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.
- You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. PlentyFi makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. PlentyFi shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
- PLENTYFI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
- Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
- IN NO EVENT WILL WE OR OUR PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE SERVICES. IN ANY EVENT, OUR TOTAL, AGGREGATE LIABILITY TO YOU IS LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.
- You are responsible for all fees, fines, penalties, and other liability incurred by PlentyFi or a third party caused by or arising out of your breach of these Terms. You agree to reimburse PlentyFi or the applicable third party for any and all such liability.
11. Disclosure of Information to Third Parties
Some parts of the Sites are supported by sponsored links from advertisers. PlentyFi does not endorse, warrant, or guarantee the products or services advertised on or linked from our Sites), whether or not sponsored, and PlentyFi is not an agent or broker or otherwise responsible for the activities or policies of those web sites.
12. Illegal and Prohibited Use of Services
- As a condition of your use of the Sites and Services, you represent and warrant to PlentyFi that you will not use the PlentyFi Automatic Savings Program for any purpose that is unlawful or prohibited by these Terms and Conditions.
- If PlentyFi, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms and Conditions or by law, we may take various actions to protect PlentyFi, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
- We may close, suspend, or limit your access to your account or ability to use the PlentyFi Automatic Savings Program;
- We may update inaccurate information you provided us; iii. We may take legal action against you; and
- You may be liable to PlentyFi for the amount of PlentyFi's damages caused by your violation of these Terms and Conditions
- PlentyFi, in its sole discretion, reserves the right to terminate these Terms and Conditions, access to the PlentyFi Automatic Savings Program for any reason and at any time with or without notice to you.
13. Intellectual Property Rights
All content included or available in connection with the PlentyFi Automatic Savings Program, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the "Content") and the selection and arrangement thereof is owned exclusively by PlentyFi or the licensors or suppliers of PlentyFi and is protected by U.S. and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no Content may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of PlentyFi or the appropriate licensor or supplier.
14. User Generated Content Usage
- By posting or otherwise submitting your comment or any other type of submission to our Sites (each a "Submission"), you hereby irrevocably grant and assign to PlentyFi all present and future rights, title, and interest of every kind and nature, including for purposes of advertising, promotion, or trade in promoting and publicizing PlentyFi and its products and services by means of any and all media.
15. Changes to Your Information
You agree to promptly update all your profile information, including, but not limited to, name, physical address, e-mail address and Funding Account information. We are not responsible for any email we send to your e-mail address prior to receiving updated information from you. All changes made are effective immediately for scheduled and future payments paid from the updated Funding Account information.
16. Consent to Electronic Communication
- Notices to you may be sent via email, through the PlentyFi Automatic Savings Program by displaying links to notices generally on the site, or to your mobile device.
- You understand and agree that you are entering into these Terms and Conditions electronically and that certain categories of information ("Communication(s)") may be provided by PlentyFi to you by electronic means (i.e., via email or by posting the information on our Sites). The categories of Communications that may be provided by electronic means include:
- These Terms and any amendments, modifications, or supplements.
- Records of any payment and other transactions you handle through the PlentyFi Automatic Savings Program, including payment histories and transaction confirmations.
- Disclosures or notices provided in connection with the PlentyFi Automatic Savings Program, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices).
- Any customer service communications, including communications with respect to claims of error or unauthorized use of the PlentyFi Automatic Savings Program.
- Any other communication related to the PlentyFi Automatic Savings Program.
- a computer with an Internet connection;
- a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
- a valid email address (i.e., your primary email address on file with PlentyFi); and
- sufficient storage space to save past Communications or an installed printer to print them.
17. Governing Law; Dispute Resolution and Arbitration
- Governing Law: These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and PlentyFi agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such disputes. We operate the Services from our offices in California, and we make no representation that Materials included in the Services are appropriate or available for use in other locations.
- Dispute Resolution and Arbitration:
- Generally. In the interest of resolving disputes between you and PlentyFi in the most expedient and cost effective manner, you and PlentyFi agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PLENTYFI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Notwithstanding subsection 17(a)(i), we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable 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.
- Arbitrator. Any arbitration between you and PlentyFi will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting PlentyFi.
- 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"). PlentyFi's address for Notice is: PlentyFi, Inc., Attn: CEO, Overland Park, KS, USA. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) 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 PlentyFi may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or PlentyFi 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, PlentyFi shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by PlentyFi in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.
- Fees. In the event that you commence arbitration in accordance with these Terms, PlentyFi will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Kansas City, Kansas, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse PlentyFi for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND PLENTYFI 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 PROCEEDING. Further, unless both you and PlentyFi agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications. In the event that PlentyFi makes any future change to this arbitration provision (other than a change to PlentyFi's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to PlentyFi's address for Notice, in which case your account with PlentyFi shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
- Enforceability. If Subsection17(b)(vi) is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 17(a) shall govern any action arising out of or related to these Terms.
18. Copyright Policy
- We respect the intellectual property rights of others and we ask that users of the PlentyFi Automatic Savings Program do the same. If you believe that your intellectual property is being used on our Sites in a way that constitutes copyright infringement, please provide our designated agent set forth in Section 18b below (“Designated Agent”) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work that was removed, and the location on the site where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
19. Unauthorized Transactions or Errors
- We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
- For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 60 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
- For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
20. Changes to Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. A change may involve terms or conditions not contemplated by the parties at the time of establishment of these Terms. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Services, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Services. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
Plentyfi is created and managed by Dynamix USA, LLC.