Terms of Use

(a) By accessing and using the Plug Platform, you are agreeing to the terms outlined in this Agreement. This Agreement is a legally enforceable contract between you and Plug, so it is important for you to read and understand it thoroughly. As a user of the Plug Platform, you may also be subject to other posted terms and guidelines relevant to certain available services, including sales documentation for specific transactions (such as a Motor Vehicle Purchase Agreement ("MVPA")) and our separate arbitration, title, and condition policies (collectively, "Supplemental Terms"). All such terms and guidelines, including our Privacy Policy, are an integral part of this Agreement and are incorporated in this Agreement by reference.

(b) Unless otherwise expressly stated, all features or services available on the Plug Platform at any given time are governed by this Agreement. Even if you access the Plug Platform through automated means, it constitutes your use of the Plug Platform and your acceptance to be bound by this Agreement. Plug reserves the right to modify this Agreement periodically, and the "Last Updated" date will be updated accordingly. Your continued use of the Plug Platform following the posting of the effective date of any revised Agreement implies your agreement to abide by the revised Agreement, excluding modifications that do not apply to any disputes arising before their effective date. Plug also reserves the right to alter, limit access to, suspend, or discontinue the Plug Platform, or any part thereof.

(c) The Website and Plug Platform are for general informational purposes and for facilitating access to the Services. While we aim to provide a site that is useful, the Plug Platform may, from time to time, contain errors. The Plug Platform includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the Plug Platform, and you should not rely on it without independent verification.

(d) Please forward any comments or complaints about the Plug Platform to [email protected]. Please forward any questions regarding any legal matters, including any privacy-related concerns, to [email protected].

(a) In order to utilize certain features on the Plug Platform, you may need to create an account, which may involve providing certain information and choosing a username and password. You must ensure the information you provide is accurate and not misleading. Failure to do so may result in the closure of your account or restriction of access. Usernames deemed inappropriate or offensive may be rejected.

(b) It is your duty to keep your account details confidential and promptly report any suspected unauthorized use to our security team at [email protected]. You are solely accountable for any activities conducted under your account, even if not authorized by you, especially if they occur due to a failure to secure your account details.

(c) Plug retains the right to collect, use, and disclose any information gathered from user accounts and registrations in line with our Privacy Policy.

(a) The Plug Platform acts, in part, as a service for listing and sharing information about vehicles, bridging the gap between buyers and sellers. In our wholesale marketplace, Plug provides a platform that enables licensed dealers and other approved sellers to list vehicles and enables approved buyers to make offers and purchase those vehicles. Unless we expressly state otherwise in writing for a particular transaction, Plug does not take title to vehicles listed in the wholesale marketplace and is not a party to the purchase and sale agreement between buyer and seller.

(b) Plug also operates a retail dealership channel (the "Retail Marketplace") through which retail customers may purchase vehicles. In some retail transactions, Plug or an affiliated dealer entity may act as the seller of record and will take title as required by law. Retail transactions are typically documented in a separate MVPA. Inventory available in the Retail Marketplace is limited and subject to change. Vehicles that are not sold at retail within Plug's target period may be removed from the Retail Marketplace and offered through Plug's wholesale marketplace or other channels. If there is any direct conflict between this Agreement and the signed MVPA for a specific retail sale, the MVPA will govern that sale.

(c) Information regarding any specific vehicle is generally provided by the seller and may also include data from third-party sources and/or automated systems (including, for example, estimated battery health, repair cost estimates, equipment lists, and vehicle history reports). The final price and other sales terms in a wholesale transaction are subject to direct negotiation between the buyer and the seller.

(d) We advise caution and the use of good judgment when using the Plug Platform to buy or sell a vehicle. We cannot authenticate all information provided by sellers or guarantee the vehicles they are offering, nor can we guarantee that buyers are making legitimate payments. As such, the same caution should be taken as if using any other type of marketplace.

(e) Some vehicle listings may be designated as "certified" under a manufacturer or dealer certification program. Private sellers cannot designate their vehicles as "certified," although they may describe vehicles using similar language. The decision to certify any particular vehicle is made by the certifying manufacturer or dealer, and the vehicle information included in any certified vehicle listing is provided by the listing seller and not by Plug. Neither Plug nor the manufacturer is responsible for the accuracy of any information contained in a certified vehicle listing. Only the party that certifies a vehicle is responsible for the decision to certify that vehicle, and only a seller is responsible for ensuring that a vehicle's designation or representation as certified is accurate. Before buying a certified vehicle, you should familiarize yourself with the terms of the applicable certification program and ensure you have received proper documentation.

(a) General Pricing and Responsibility.

(b) Third-Party Data and Non-Arbitrable Information Discrepancies.

Certain information on vehicles listed on the Plug Platform is derived from third parties (for example, automated vehicle history reports, estimated battery health, repair cost estimates based on photos, or OEM equipment lists) and is provided for informational purposes only. Neither the seller nor Plug makes any representations regarding the accuracy of this information. To the fullest extent permitted by applicable law, claims based solely on discrepancies between the vehicle as delivered and inaccuracies in such third-party or automated information (and not based on seller misrepresentation or nondisclosure in violation of this Agreement or applicable law) are not eligible for relief under Plug's wholesale internal arbitration processes or under Plug's wholesale Arbitration Policy or Title Policy applicable to Dealer Buyers. For the avoidance of doubt, this subsection does not limit any rights you may have under Section 14 (Binding Arbitration) or under applicable law.

(c) Additional Terms for Wholesale Dealer Purchases.

This subsection applies to users who buy vehicles through Plug's wholesale marketplace as dealers or other approved business buyers ("Dealer Buyers").

(d) Additional Terms for Retail Purchases and Financing.

This subsection applies to consumers and other users who purchase vehicles through Plug's retail dealership channels ("Retail Buyers").

(e) Inspections and Vehicle Condition.

(f) Cash Offers.

(g) Trade Desk Services.

(a) As a seller utilizing the Plug Platform, you are required to offer your listed vehicle at the agreed price and under the stated terms. You must possess the vehicle, have the capability to transfer its title, and have the legal authority to sell it. You must provide accurate identification and contact information to establish direct communication with potential buyers. You must also comply with Plug's Title Policy, condition policies, and any inspection requirements.

(b) Plug is not responsible for your compliance with dealer license laws or other regulatory requirements applicable to you, and you agree to indemnify and hold Plug harmless from any claims or costs, including legal fees, related to your dealer or seller status or non-compliance with relevant laws.

(h) Without limitation, sellers must disclose the following information where applicable:

• Title discrepancies (including salvage, theft recovery, flood damage, Lemon Law, etc.)
• Permanent structural damage, structural alterations, structural repairs
• Accurate odometer reading; non-functioning or defective odometers; "true mileage unknown" (TMU)
• Mechanical defects above any disclosure threshold set forth in Plug's policies or applicable law
• Inoperable, missing, or defective airbags or other critical safety systems
• Flood damage history (documented by DMV, insurer, or similar authority)
• Salvage or branded title history, prior use as a taxi, rental, or other commercial use

(a) The Plug Platform is intended exclusively for the private, non-commercial use of our users, except where the Plug Platform is used by dealers and other businesses in the ordinary course of their business. The content displayed on the Plug Platform is owned by Plug or its content providers and is safeguarded by U.S. copyright laws, international copyright regulations, and treaties.

(b) You may create a hypertext link to the Plug Platform provided the link does not suggest or imply any Plug or affiliate endorsement or sponsorship of you, your company, or your site.

(a) The Plug Platform allows users to publish listings and other user-generated content.

(b) You assume total responsibility and risk for your use of any interactive areas of the Plug Platform.

(c) When publishing anything to the Plug Platform, you agree that you will not post or transmit material that is knowingly false, defamatory, inaccurate, libelous, abusive, hateful, harassing, threatening, obscene, invasive of privacy, or otherwise objectionable or in violation of any applicable law.

(a) Plug reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting, or emails you make or send in connection with the Plug Platform.

(b) If Plug believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting, or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate.

(c) BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF PLUG, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PLUG DURING OR AS A RESULT OF ITS INVESTIGATIONS.

(a) IF YOU RELY ON THE PLUG PLATFORM OR ANY INFORMATION, PRODUCT, OR SERVICE MADE AVAILABLE THROUGH THE PLUG PLATFORM, YOU DO SO AT YOUR OWN RISK. THE PLUG PLATFORM AND ALL CONTENT AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE."

(b) PLUG AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE PLUG PLATFORM.

(c) TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PLUG OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE PLUG PLATFORM, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

(d) YOU AGREE THAT THE LIABILITY OF PLUG AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY LEGAL CLAIM RELATING TO THE PLUG PLATFORM WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE PLUG PLATFORM OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES.

(e) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Plug Platform, please notify us by sending an email to [email protected], or by sending a notice by U.S. Mail to:

Plug Technologies Inc.
Attn: Legal Department
2701 Ocean Park Blvd, Suite 251
Santa Monica, CA 90405

(a) By accessing the Plug Platform, you agree not to use information concerning other users of the Plug Platform for any purpose other than to explore the potential purchase or sale of a listed vehicle, or as otherwise expressly permitted under this Agreement.

(b) This Agreement will be construed in accordance with the laws of the State of California, without regard to its choice-of-law rules, and subject to any mandatory consumer protection laws that may apply to you in your jurisdiction of residence.

(c) If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.

(a) Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing us at [email protected].

(b) Except as provided below and except to the extent prohibited by applicable law, you and Plug agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this Agreement, the Plug Platform, or the contractual relationship established by this Agreement shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association ("AAA"), in accordance with the AAA's rules for arbitration of consumer-related disputes. You and Plug each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration.

(c) The arbitration will be conducted by a single, neutral arbitrator and will take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law.

(d) The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.