Terms of Use

TERMS OF USE

Effective Date: December 1, 2023

Welcome and thank you for using the Plug Technologies Inc. website (https://www.plug.vin) (the “Website”), marketplace, mobile, and/or other online applications and products and services (the “Plug Platform”). In this Terms of Use Agreement (this “Agreement”), 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.

1. General Provisions

1. 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's important for you to read and understand it thoroughly. As a user of the Plug Platform, you may also be subjected to other posted terms and guidelines relevant to certain available services. All such terms and guidelines, including our Privacy Policy, are an integral part of this Agreement and are incorporated in this Agreement by reference. 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 implies your agreement to abide by the revised Agreement, excluding modifications that don't 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.
2. The Website is for general informational purposes only. While we aim to provide a site that is useful, be mindful that 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.
3. 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].

2. Registration

1. In order to utilize certain features on the Plug Platform, you may need to create an account, which involves 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. 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. Plug retains the right to disclose any information gathered from user accounts and registration in line with our Privacy Policy.

3. The Plug Marketplace

1. The Plug Platform acts as a service for listing and sharing information about vehicles, bridging the gap between buyers and sellers, and does not take title to the vehicles listed. Please note that Plug does not engage in any transactions between buyers and sellers that occur through the Plug Platform. Information regarding any specific vehicle is provided by the seller and may also include data from third-party sources and/or machine learning. The final price and other sales terms are subject to direct negotiation between the buyer and the seller.
2. We advise caution and the use of good judgement when using the Plug Platform to buy or sell a vehicle. We cannot authenticate information provided by sellers or guarantee the vehicles they are offering.

4. Buying A Vehicle

1. The seller-accepted offers on the Plug Platform will not include additional costs that may be incurred by a buyer such as finance charges, title fees, etc. that may ultimately increase the costs a buyer will incur before a vehicle can be resold. We advise that before you purchase a vehicle or any other good or service you have read about on the Plug Platform, you should confirm with the seller any information, including the price, that is crucial to your purchasing decision. We at Plug do not hold responsibility for, nor do we guarantee the performance of, any such vehicles, goods or services listed or researched on the Plug Platform. In our sole discretion, we may remove or hide parts or all of a vehicle advertisement on the Plug Platform if we determine that the vehicle advertisement or price violates this Agreement or the Privacy Policy.
2. Certain information on vehicles listed on the Plug Platform are derived from third parties (i.e. not Plug or the seller) and are provided for informational purposes only.  This includes estimates of battery health and repair costs, for issues identifiable from photos provided by the seller, and the equipment list derived from the OEM.  Neither seller nor Plug makes any representations regarding the accuracy of the information derived from these sources and claims based on discrepancies between the vehicle as delivered to the buyer and any inaccuracy in this information is not arbitrable.
3. The buyer agrees to the following terms under Plug's guidelines:

1. Licensing and Compliance. The buyer must maintain a current, valid motor vehicle dealer license in good standing and comply with all applicable laws and regulations, including those set by the relevant department of motor vehicles.
2. Purchase and Payment. Upon acceptance of a seller's offer, the buyer shall be contractually obligated to: (A) purchase the vehicle at the price specified in the accepted offer; (B) remit full payment to Plug within two business days of the date of purchase (date on which offer is accepted); and (C) collect the vehicle within seven business days of Plug’s receipt of full payment from buyer.  Plug reserves the right to charge a late fee for any payment received more than two business days after the date of purchase
3. Title and Resale. Title transfer to the buyer is conditional upon: (A) receipt of full payment by Plug and (B) the title acquisition from the seller. The vehicle shall not be eligible for resale until the title transfer is completed.
4. Regulatory Compliance The buyer is responsible for adhering to all export and import regulations if planning to export the vehicle. Vehicles may only be purchased for resale purposes.  Purchases for personal use are not permitted on the Plug Platform.
5. Operational Obligations. The buyer shall possess a valid retail sales tax registration, certificate, license, or permit as required by the seller's state, county, and country.The buyer is responsible for vehicle pickup and transportation, with the option to use Plug's or its partner services.
6. Plug's Rights and Discretion. Plug reserves the right to limit the number of vehicles a buyer can purchase and to suspend the buyer's account at its discretion.

1. Legal Interpretation and Disputes. A stop payment order on the buyer's remittance will not be accepted and is considered prima facie evidence of fraudulent intent. The buyer must adhere to all applicable laws, including those set by the relevant department of motor vehicles. For any condition or title dispute, , you agree to binding arbitration as set forth in more detail in Plug's Arbitration and Title policies.

5. Listing Your Vehicle

1. As a seller utilizing the marketplace, you are required to sell your listed vehicle at the agreed price and under the stated terms.  You must possess the vehicle and have the capability to transfer its title, ensuring that you have the legal authority to sell it. You are prohibited from selling any vehicle owned by a third party through Plug. It is mandatory for you to provide accurate identification and contact information to establish direct communication with potential buyers. Charging buyers for information about the vehicle or using our platform to promote other websites, products, or services without our prior written approval is not permitted.  You must also comply with Plug's Title Policy available online at [Link to Plug Title Policy].
2. Plug is not responsible for your compliance with dealer license laws, and you agree to protect Plug from any claims or costs, including legal fees, related to your dealer status or non-compliance with relevant laws. By using the Plug Platform to sell your vehicle as a dealer, you agree to the applicable representations and warranties regarding the vehicle, including in the condition report.
3. When you list a vehicle for sale through our marketplace service, we may obtain additional distribution for your listing through our relationships with other websites. We also may promote your listing on or through third-party websites or services as an added value. Those providers may contact you about your ad on their website and may try to sell additional services to you, but you are not obligated or required to purchase any additional services and may be able to opt out of displaying your ad on their website. If other third parties contact you without your permission offering to sell you services, they have likely misused the Plug Platform and violated this Agreement to exploit your listing information. If you receive any such solicitations that you did not authorize, please bring them to our attention by emailing us at [email protected].
4. When you opt to list a vehicle for sale using our platform, you are required to pay the cost of the listing, irrespective of whether your vehicle gets sold as a result of the listing. It's also your responsibility to settle any taxes applicable to your use of the Plug Platform. Once listed, you cannot alter the vehicle's year, make, model, or VIN. Therefore, ensure you verify these details before purchasing a listing. If incorrect information is provided, you will need to delete the listing and purchase a new one for an accurate listing. Please note that listing fees are non-refundable.
5. seller is responsible for the listing information, vehicle photos , messages you transmit through the Plug Platform, and any other content seller posts.
6. All vehicles listed for sale must have a public Vehicle Identification Number (VIN) plate attached to the vehicle. Sellers are required to disclose any matters that must be disclosed under local, state, or federal statutes or regulations. These disclosures should be made to Plug's vehicle condition inspector to be included in the vehicle condition report.
7. Even if the vehicle is covered by a manufacturer's warranty, the seller is obligated to disclose any known defects. If seller fails to disclose a defect, interferes with full disclosure, or acts with gross negligence or willful misconduct leading to incomplete or inaccurate disclosure and the buyer makes a claim which is resolved in its favor following Plug’s Arbitration Policy, seller may be responsible for any/all of the following as determined by the arbitrator:  amounts determined by Plug to cover expenses for parts and labor associated with the repair of the vehicle(s) at issue, transportation of the vehicle from the buyer's location, return of the sale proceeds, including transportation expenses incurred by the buyer.
8. Sellers must disclose the following information:  

1. Title discrepancies, including, but not limited to: not actual miles, salvage, theft recovery, stolen vehicle, flood damage, gray market, replica, Lemon Law, manufacturer and/or dealership buybacks and trade assists. No vehicles with title washing causing undisclosed title discrepancies are allowed on the Plug platform, and the seller will be fully liable for damages.
2. Permanent structural damage, structural alterations, repairs (certified or non-certified), and aftermarket accessories affecting the structure.
3. Towing packages installed or removed, including drilling new holes, enlarging manufacturer's holes, or welding/brazing to the structure. Certain access holes may require disclosure based on size and location.
4. Corrosion leading to perforation in the frame.
5. Structural tear damage exceeding 1" in length.
6. Visible or cosmetic defects.
7. Vehicles with reassigned VIN plates by the state.
8. Accurate odometer reading, non-functioning or defective odometers, and TMU.
9. Mechanical defects exceeding $800 per item.
10. Vehicle accessory electrical defects exceeding $800 per item for vehicles four (4) model years old or less.
11. Vehicles without air conditioning.
12. Paintwork (excluding bumpers and brush touches).
13. Voided factory warranties.
14. Salvage vehicle history (as reported by AutoCheck), previous use as a taxi, rental, livery or emergency vehicle.
15. Flood damage history (documented by DMV or insurance company).
16. Inaccurate model or trim badging, decals, or identification.
17. Inoperable, missing, or defective airbags.

1. When you post a vehicle for sale on the Plug Platform, you are committing to use the contact information of potential buyers, such as their phone numbers and email addresses, solely for discussions related to the potential sale of the vehicle in question.
2. In posting a vehicle for sale on the Plug Platform, you confirm and guarantee that you are the original creator and rightful holder of the intellectual property rights for all content you provide to Plug, including but not limited to data, information, text, images, or any other materials. You relinquish any ‘moral rights’ you may hold regarding such content. You ensure that the content provided is accurate, truthful, and not misleading. It does not violate any copyright, patent, trademark, trade secret, or other intellectual property or privacy rights of third parties and does not exhibit personal details of former owners or related parties. Furthermore, you agree to refrain from uploading any content that could be deemed defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, threatening, abusive, inflammatory, hatefully or religiously biased or offensive, harassing, fraudulent, or in any way inappropriate for a diverse audience. You also agree not to falsely represent yourself as another individual or entity.
3. Upon listing a vehicle for sale on the Plug Platform, you bestow upon Plug and its associated entities a nonexclusive, complimentary, everlasting, assignable, irrevocable, and fully sub-licensable authority to employ, replicate, alter, adjust, translate, disseminate, announce, generate supplementary works from, and publicly showcase and execute such content globally in any form of media, existing or future.

6. Ownership And Permissions

1. The Plug Platform is intended exclusively for the private, non-commercial use of our users. 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. Except as expressly permitted in these terms, you are forbidden from disseminating, broadcasting, presenting, altering, generating derived works from, or utilizing any content from the Plug Platform in any other manner. The retention of any substantial portion of, or the distribution of copies of materials from the Plug Platform, in any form, including digital, requires prior written approval from the content owner. All requests to reproduce or distribute content from the Plug Platform should be directed to [email protected].
2. 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, and does not come with negative commentary about Plug, its representatives, agents, employees, or contractors, any of Plug’s websites, or any services offered through Plug. However, you may not encapsulate any content of the Plug Platform or incorporate any Plug intellectual property into another website or service without our prior written consent. Permission requests for framing our content or utilizing our content in a manner not explicitly permitted in this Agreement should be sent to our media director through [email protected].
3. The Plug Platform and materials incorporated by Plug on the Plug Platform (“Materials”) are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by Plug on the Plug Platform are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Plug or others. You are prohibited from using any trademark or service mark found on the Plug Platform without the express written permission of the mark’s owner.
4. You acknowledge that by submitting or posting any material on or via the Plug Platform, you grant us, and those we authorize, an unconditional, non-exclusive, global, free-of-charge, everlasting, irrevocable license to utilize, modify, execute, present, broadcast, replicate, derive new works from, transmit, sell or otherwise use, exploit or distribute, at no cost, all such materials (including, without limitation, all intellectual property rights within), in part or in entirety, in any form or medium (existing or future), for any purpose. This extensive license includes the rights to exploit any property rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws in any territory. Furthermore, in exercising these rights, you grant us and our authorized personnel the right to credit you as the creator of such material by name, email address or username, and to utilize your image and likeness, if provided, in association with such material. You shall receive no compensation for the use of any material you share or post on the Plug Platform. Among other applications of user materials, the Plug Platform utilizes listing data to extract valuable insights (like vehicle valuation data) for exhibition, sale, and distribution.

7. User Content

1. The Plug Platform allows users to publish listings. Some of the tools that permit this may be partially or fully operated by third parties, and your use of them is subject to both the terms of this Agreement and to the policies of their third-party providers.
2. You assume total responsibility and risk for your use of any interactive areas of the Plug Platform. You acknowledge that any of the user-generated content posted or transmitted through the Plug Platform represents the views of the author, and not of Plug. You also acknowledge that your use of or reliance on such content is at your own risk.
3. When publishing anything to the Plug Platform, you agree that you will not post or transmit:

1. any copyrighted material unless you own or control the copyright in and to such material;
2. material that is: knowingly false and/or defamatory, inaccurate, libelous,  tortious, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
3. material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
4. profanity in subject lines, messages, or signatures;
5. any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
6. material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
7. spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
8. material that contains advertisements or commercial solicitations; or
9. material discussing illegal activities or linking to websites that deal with such activities.

4. You further agree that you will not attempt or do any of the following:

1. interfere with or disrupt the Plug Platform or our computer systems, servers, or networks;
2. attempt to gain unauthorized access to any part of the Plug Platform, to accounts that belong to other users, or to computer systems or networks connected to the Plug Platform;
3. engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders or otherwise;
4. collect information about others without their consent;
5. interfere with the use of the Plug Platform by any other individual or party;
6. impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary usernames or other aliases; or
7. share any username and/or password you have on the Plug Platform with any other persons.

5. Without limiting any of Plug’s other rights or remedies, a violation of any of the provisions of this Section 7 may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the Plug Platform or on our affiliated websites and services, and/or a ban from creating new accounts.
6. Although Plug cannot monitor all of the listings and content posted to the Plug Platform, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Agreement, or to protect the rights, property or safety of visitors to the Plug Platform, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, Plug takes no responsibility and assumes no liability for any content posted to the Plug Platform by you or by third parties.

8. Investigations. 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 to the Platform. Plug may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. Plug may suspend any users whose conduct or postings are 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 this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Plug will fully cooperate with any law enforcement authorities or court order requesting or directing Plug to disclose the identity of anyone posting any e-mails or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PLUG ENTITIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PLUG DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY PLUG OR LAW ENFORCEMENT AUTHORITIES.

1. Service Discontinuation. You acknowledge that we reserve the right to discontinue your usage and access to any sections of the Plug Platform that we control, such as those requiring registration, possibly without advance notification. Potential grounds for such discontinuation include, but are not limited to, (a) any actual or suspected violation of these Terms or any incorporated policies or guidelines, (b) demands from law enforcement or other governmental bodies, (c) our decision to cease or alter parts or the entirety of the Plug Platform, (d) issues pertaining to technical or security aspects, and (e) activities that are deemed fraudulent or unlawful. All terminations will be at our sole discretion, and you concur that we shall not bear liability for any termination of your access or use of the Plug Platform or any of its components.

9. Disclaimer of Warranties; Limitation of Liability.

1. 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. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE PLUG PLATFORM. THE PLUG PLATFORM IS PROVIDED TO YOU “AS IS.” 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 (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED, OR PROMOTED ON, OR SOLD THROUGH THE PLUG PLATFORM), INCLUDING INSIGHTS OR INFORMATION OFFERED TO OR SHARED WITH YOU BY ANY PLUG REPRESENTATIVE. NEITHER WE NOR THEY GUARANTEE THAT THE PLUG PLATFORM WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE PLUG PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLUG AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE PLUG PLATFORM BY YOU OR ANY THIRD PARTY.

7. 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 OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON 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. YOU AGREE THAT THE LIABILITY OF PLUG AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE 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. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE PLUG PLATFORM.
8. 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.

10. Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Plug and any subsidiaries and/or affiliated companies of Plug (the “Plug Entities”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Plug Platform, (b) any User Content you create, post, share or store on or through the Plug Platform or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of this Agreement, (e) your violation of the rights of another, (f) your purchase or sale of a vehicle on the Plug Platform, and (g) any third party’s use or misuse of the Plug Platform. You agree to promptly notify Plug of any third-party Claims and cooperate with the Plug Entities in defending such Claims. You further agree that the Plug Entities shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Plug.
11. Notice of Copyright Infringement. 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., 10000 W. Washington Blvd, Suite 600, Culver City CA 90232 Attn: Legal Department. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Plug Platform the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
12. Miscellaneous

1. We want potential buyers visiting the Plug Platform to feel free to share their email addresses with those listing vehicles for sale on the Plug Platform. By accessing the Plug Platform, you agree not to use information concerning other users of the Plug Platform, or the vehicles they have listed or searched for on the Plug Platform (including listing information, usernames, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.
2. This Agreement will be construed in accordance with the laws of, the State of California, without regard to its choice of laws rules.
3. Please report any violations of this Agreement to [email protected].

13. Binding Arbitration

1. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us [email protected].

2. In the event that we are not able to resolve a dispute, we each agree that, except for disputes between buyers and sellers regarding the title to or condition of the vehicles bought and sold on the Plug Platform, all of which are subject to Plug’s Arbitration Policy, any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to these Terms, the contractual relationship established by these Terms (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law), shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes (accessible at https://adr.org/consumer) (except that you may assert individual claims in small claims court, if your claims qualify). 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. Neither you nor Plug shall be permitted or entitled to join or consolidate claims by or against others or arbitrate or otherwise participate in any claims as a class member, class representative, or in any other representative capacity.

2. 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. All issues are for the arbitrator to decide, including (but not limited to) issues relating to the scope and enforceability of this agreement to arbitrate and the arbitrability of any dispute between you and Plug. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. At your request, hearings may be conducted in person or by telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings. Plug agrees that, upon request, it will pay a consumer’s filing fee for the arbitration.
3. For the benefit of the parties, all aspects of the arbitration proceeding, including (but not limited to) the transcripts of the hearing, the transcript of any deposition, and all documents produced or used during the arbitration proceeding, will be strictly confidential.
4. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of this Agreement) will continue to apply, but in no case shall either you or Plug be permitted to participate in a class action lawsuit or class-wide arbitration.