Terms of Use

The Plug Terms of Use

Last Updated: 3/17/2017

Agreement to Terms

IMPORTANT NOTICE: READ THESE TERMS OF USE CAREFULLY. THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU.

Agreement to Terms

This terms of use agreement (these “Terms”) constitutes a legally binding contract between The Plug, LLC (“The Plug,” “we,” “us”) and you, with respect to your use of all properties (Web sites, email newsletters or otherwise) owned or operated by The Plug and our affiliates (collectively, the “Properties”), and all products and services available from The Plug and our affiliates, or other third parties in connection with the Properties (individually and collectively with the Properties, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by, these Terms, and our Privacy Policy, including any updates posted here or otherwise communicated to you. If you do not agree to the Terms and the Privacy Policy, please do not use the Services.

Modifications

We reserve the right to modify and/or update these Terms at any time by posting a revised version with a revised Effective Date. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.

Consent

You affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and ““your” will refer to both you and that entity.

 

Our Privacy Policy

Our Privacy Policy, which describes how we collect and use information from our users, is available at https://The Plug.com/about/privacy/, as well as through the link titled “Privacy” on our homepage and other locations within the Properties.

Our Services

Services We Provide

The Plug daily newsletter provides tech news via email Monday through Friday to our subscribers (individually, a “User,” collectively, “Users”). We help Users discover timely news stories.

Third Party Materials

The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third Party Materials”). These Third-Party Materials are not owned or controlled by The Plug. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship, or recommendation by The Plug. Third Party Materials may be subject to their own privacy policies and terms of use that explain and govern your use of those Third-Party Materials.

Permissible Use and The Plug Intellectual Property

Limited License for Users

Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for your personal and informational use only.

Our Services are Protected

The Services, including all material and information, and the selection, arrangement, and composition of such information (“Materials”) are proprietary property of The Plug, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter, or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law). You also may not access, download, monitor, or copy any information or content contained on or in the Properties or the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that The Plug does not intentionally make available through the Properties and the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users for any purpose. You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm The Plug, its suppliers, other Users or any other person.

User Submissions and Other Collected Information

If you are a User, you will be asked to disclose certain information about yourself when you open or confirm your account. You agree to provide us with accurate, complete, and up to date information and to keep it updated, complete and correct. You agree you won’t disclose your password to anyone and you’ll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.

CONSENT. BY PROVIDING YOUR INFORMATION THROUGH THE SERVICES, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) IN CONTACT WITH THE PLUG. YOU AGREE THAT THE PLUG MAY CONTACT YOU FOR PURPOSES OF PROVIDING THE SERVICES, MARKETING, SERVICING YOUR ACCOUNT, ADDRESSING COMPLAINTS, OR OTHER PURPOSES REASONABLY RELATED TO THE SERVICES.

For complete details on our use of your information, including Collected Information (as defined below), and how to opt out of receiving The Plug marketing communications, please see our Privacy Policy.

Collected Data Definition

You agree and acknowledge that The Plug data or other information (individually and collectively, “Information”) before, during, and after the provision of Services, or otherwise in connection with the Services, relating to you (individually and collectively, “Collected Information”)

Users Are Responsible for Their Submissions

The Services may permit you and other Users to submit Information (individually and collectively, “User Submissions”). The person submitting a User Submission, and not The Plug, is solely responsible for that person’s User Submission and the consequences of submitting it. You acknowledge and agree that The Plug has no obligation to pre-screen your or any other person’s User Submissions.

Confidentiality of User Submissions 

Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.

License to User Submissions

With respect to both User Submissions and Collected Information, you grant The Plug a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in any form and any medium. We will not pay you or otherwise compensate you for User Submissions or Collected Information.

Accuracy of Information

The Plug makes no representation or warranty about the accuracy or suitability of the information displayed on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy.

Accounts for Users

User Account 

Account registration is required for Users to receive or use certain Services. When you open, or confirm an account, you will be required provide us with specified personal information, which may include, without limitation, your name and e-mail address. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via email or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Services.

Third-Party Intellectual Property

Third-Party Intellectual Property

All non-The Plug trademarks, product names and logos appearing on our Services are property of their respective owners.

Claims of Copyright Infringement. 

If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to The Plug at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have 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, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.

Notification pursuant to the DMCA should be submitted to:

Build the Good, LLC
Attn: The Plug Support
hello@theplugdaily.com

Disputes, Arbitration, and Class Action Waiver

Binding Arbitration

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR THE PROPERTIES OR ANY RELATIONSHIP BETWEEN US (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single, independent, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Mecklenburg County, North Carolina. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

Class Action Waiver

ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

Notwithstanding anything to the contrary, you and The Plug may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE PLUG OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER THE PLUG NOR ANY OTHER PARTY INVOLVED IN THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PLUG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; OR (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THE PLUG AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THE PLUG BY YOU ACCORDING TO THE TERMS, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.

Indemnification 

You agree to release, defend, indemnify, and hold The Plug and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or your violation of these Terms; or (b) your User Submissions.

If you are a California resident, you waive California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are a resident of a state other than California, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

Miscellaneous

Assignment

These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with The Plug’s prior written consent, but may be assigned by The Plug without restriction and without notice to you.

Entire Agreement and Severability 

These Terms, include any applicable Special Program Terms, constitute the entire agreement between you and The Plug concerning the Services and supersede all prior or contemporaneous communications of any kind between you and The Plug with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services offered must commence within one (1) year after the cause of action occurs. Such cause of action is permanently barred if you do not commence the claim within one (1) year.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The Plug’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Modification of Services 

We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that result in a change the current Services shall be subject to these Terms.

Termination

We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent any User’s future access to and use of the Services, for any at any time and for any reason (including but not limited to those specifically described in these Terms).

Third Party Beneficiaries

Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for The Plug Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.

Attorney Fees

If any of The Plug Parties take legal action against you as a result of your violation of these Terms, The Plug Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The Plug Parties.

Governing Law

You agree that these Terms, the Privacy Policy and any Dispute will be governed only by United States and North Carolina state law, without regard to conflict of law provisions. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Mecklenburg County, North Carolina for the purpose of entering judgments on awards from arbitration.

Contact Us 

If you have questions about these Terms, please contact us by email at hello@theplugdaily.com