Welcome to the Plug Technologies Inc. ("Plug") website, https://www.plug.vin (the "Website"), marketplace, mobile, and/or other online applications and products and services (collectively, the "Plug Platform"). The following Terms of Use govern your access to and use of the Plug Platform. The terms "Plug", "we", "us", and "our" refer to Plug Technologies Inc., and the terms "you", "your" and "user" refer to you as a user of the Plug Platform.
By accessing or using the Plug Platform, you agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing the Plug Platform.
Plug reserves the right to modify these Terms of Use at any time without prior notice. Your continued use of the Plug Platform following any changes indicates your acceptance of the revised Terms of Use. It is your responsibility to review these Terms of Use periodically for changes.
The Plug Platform is intended for users who are at least 18 years of age. By using the Plug Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms of Use.
To access certain features of the Plug Platform, you may be required to register for an account. When registering, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify Plug of any unauthorized use of your account or any other breach of security. Plug will not be liable for any loss or damage arising from your failure to comply with this section.
The Plug Platform provides a marketplace for users to buy, sell, and learn about electric vehicles. Plug acts as a facilitator and is not a party to any transaction between users. Plug does not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of listings, or the ability of sellers to sell items or buyers to pay for items.
Plug is not responsible for any transactions or interactions between users. Any disputes between users must be resolved directly between the parties involved. Plug reserves the right to monitor and moderate content on the Plug Platform and to remove any content that violates these Terms of Use.
When purchasing a vehicle through the Plug Platform, you agree to provide accurate information regarding your purchase intent and financial capability. You acknowledge that Plug does not guarantee vehicle availability, condition, or pricing, and that these aspects are the responsibility of the seller.
You agree to complete all necessary documentation and payments in a timely manner as required by the seller and applicable laws. Plug may facilitate communication between buyers and sellers but is not responsible for the completion of any transaction.
When listing a vehicle for sale on the Plug Platform, you agree to provide accurate and complete information about the vehicle, including but not limited to its condition, history, features, and any known defects or issues. You represent and warrant that you have the legal right to sell the vehicle and that the vehicle complies with all applicable laws and regulations.
You are solely responsible for setting the price of your vehicle and for all aspects of the transaction, including negotiation, documentation, and delivery. Plug may provide guidelines and tools to assist in the listing process but does not guarantee any results from your listing.
The Plug Platform and all its content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are owned by Plug, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use grant you a limited, non-exclusive, non-transferable, revocable license to use the Plug Platform for your personal, non-commercial use, subject to these Terms of Use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Plug Platform without Plug's prior written consent.
By posting, uploading, submitting, or otherwise making available any content on the Plug Platform, you grant Plug a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
You represent and warrant that you own or control all rights to the content you post, that the content is accurate, and that use of the content does not violate these Terms of Use or any applicable laws. You agree not to post content that is illegal, fraudulent, defamatory, obscene, or invasive of privacy.
Plug reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting, or content. Plug may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Plug may suspend any users whose conduct or content is under investigation and may remove such material from its servers as it deems appropriate and without notice.
If Plug believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting, or content, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate.
THE PLUG PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PLUG DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PLUG DOES NOT WARRANT THAT THE PLUG PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLUG PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL PLUG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLUG PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLUG PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLUG PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLUG PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLUG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Plug, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Plug Platform; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Plug Platform.
If you believe that any content on the Plug Platform infringes upon your copyright, please notify Plug by providing the following information:
Plug's designated Copyright Agent for notice of claims of copyright infringement can be reached at: [email protected]
These Terms of Use constitute the entire agreement between you and Plug regarding the use of the Plug Platform, superseding any prior agreements between you and Plug. The failure of Plug to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
You may not assign these Terms of Use without the prior written consent of Plug, but Plug may assign or transfer these Terms of Use, in whole or in part, without restriction.
Any dispute arising from or relating to these Terms of Use or your use of the Plug Platform shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, necessary to protect the rights or property of that party pending the completion of arbitration.
BY USING THE PLUG PLATFORM, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
© 2023 Plug Technologies Inc. All rights reserved.
Plug Technologies Inc.
8972 Venice Blvd.
Culver City, CA 90034
[email protected]