Last Updated: November 2022
By visiting our website, you agree to the Terms below that apply to your usage of the website and purchase(s), if applicable. This website is owned and operated by Megremis, LLC dba PLC Exchange (“PLC”, “we,” “us,” or “our”). This Terms of Service (the “Terms”, “Terms and Conditions”) applies to your use of our website, and any other associated PLC services (the “Services”), including your relationship with PLC.
PLC will update these Terms over time, and the “Last Updated” date at the top of the Terms will list the last date we updated these Terms. If we make changes, we will post the updated Terms on the website.
PLC takes user privacy seriously. For more detail on our privacy practices, please read our Privacy NOTICE. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Notice, including any updates posted here or otherwise communicated to you.
IMPORTANT NOTICE: READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE A CLASS ACTION WAIVER. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS IN THESE TERMS, PLEASE DO NOT USE THE SERVICES.
PAYMENT PROCESSING
PLC has three payment options: (1) credit and debit card payments through a third-party payment processor, Stripe; (2) payment via PayPal; and, (3) payment via direct bank transfer (ACH/wire). PLC does not store your credit card or bank account information. As a condition of PLC enabling payment processing services through PLC, you agree to provide PLC accurate payment information, and you authorize PLC to share or direct information to the third parties
facilitating payment.
PLC INTELLECTUAL PROPERTY
The Services, including all PLC content, as well as the selection, arrangement, and composition of such information are proprietary property of PLC, 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.
YOUR LICENSE TO USE PLC
Subject to your compliance with these Terms, PLC hereby grants you a personal, worldwide, royalty-free, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services solely for the intended use of the Services. 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 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 PLC does not intentionally make available through the Services.
If you create an account with PLC to participate in a support forum, you agree to communicate respectfully with PLC and other support forum participants.
LIMITS AND TERMINATION
PLC reserves the right to limit your use of the Services. PLC reserves the right to restrict, suspend, or terminate your access if PLC believes that you may be in breach of these Terms. PLC may change or abandon any of its Services at any time without notice. We have no obligation to store, maintain, or provide a copy of any content or information except as required by applicable law.
These Terms are effective until terminated by PLC, and PLC may terminate these Terms, or suspend or terminate your access and use of the Services at any time, with or without cause, in PLC’s absolute discretion and without notice.
The following provisions of this Agreement shall survive termination of your use or access to the Services: the sections concerning Disputes, Indemnification, Class Action Waiver, Limitation of Liability, and Miscellaneous Terms, and any other provision that by its terms is intended to survive your use or access to the Services.
Third-Party Intellectual Property
All non-PLC trademarks, product names and logos appearing on our Services are property of their respective owners. The Services may contain materials from third party websites, advertisements, services, offers, activities or other content (collectively, “Third Party Materials”). These Third-Party Materials are not owned or controlled by PLC. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement,
sponsorship, or recommendation by PLC. 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.
Monitoring of the Services
PLC has no obligation to monitor the Services. However, you acknowledge and agree that PLC has the right to monitor the Services electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services, or to protect itself or other users of the Services.
Availability
This Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Services and Content no distribution or solicitation is made by PLC to any person to use the Services or Content in jurisdictions where the provision of the Services and/or Content is prohibited by law.
GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law and Venue
These Terms will be governed by and interpreted according to the law of the State of North Carolina, excluding any laws of North Carolina that would apply the law of a different jurisdiction. Any dispute or claim arising out of, concerning, or related to these Terms shall be subject to the sole and exclusive jurisdiction and venue of the state and federal courts located in Mecklenburg County, North Carolina.
Class Action Waiver
ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. IN NO INSTANCE WILL ANY DISPUTE BE RESOLVED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. 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.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLC Services “AS-IS”
Your access and use of the PLC Services is completely at your own risk. You acknowledge, understand, and agree that the Services are provided on an “AS-IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, PLC DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nothing will create any warranty not expressly made herein.
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 REMAINS WITH YOU. NEITHER PLC 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 PLC 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 PLC 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 GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO PURCHASE PRODUCTS
FROM PLC IN THE PRIOR SIX (6) MONTHS.
Indemnification
You agree to release, defend, indemnify, and hold harmless PLC and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, 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 your access to or use of the Services or your violation of these Terms.
Additional Disclaimers
PLC IS NOT AN AUTHORIZED BRAND DISTRIBUTOR. ANY WARRANTY PROVIDED IS PROVIDED BY PLC DIRECTLY as governed by these Terms. All product names, trademarks, brands and logos used on this site are property of their respective owners. Except as represented in this agreement, all products purchased are provided “AS IS”. Other than as provided in this agreement, PLC makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose. PLC does not financially protect, warrant, or provide coverage for any loss or damage associated with the purchase or use of any product or services from PLC. Loss or damage is defined as any damage or destruction caused to property of, or otherwise suffered by you, the customer, including any loss of profits or loss of use resulting from such damage or destruction or any other loss, direct or indirect, charge, cost, expense, liability or increased liability howsoever arising suffered or incurred by you, the customer, or any other person related to the services provided by PLC. This includes transfer of our products or services by means of re-sale, whole-sale, direct-sale, distribution, re-marketing, blind shipping, re-branding, or any other means of transfer of our products or services from you, a direct customer, to any other party.
Products purchased on this website may have older date codes or be an older series than those available direct from factory or other dealers, suppliers, or wholesalers. By purchasing any product from PLC, you acknowledge that you agree to all original manufacturers’ warranties are void and/or other offers and services provided by that manufacturer, distributor or supplier do not apply to the products you purchase through PLC. PLC makes no representation to any proprietary, licensed or trademarked firmware or software that may be installed or required
to operate any of the products sold on this website. PLC makes no representations as to your ability or right to download or otherwise obtain firmware or software for the products purchased from this website. PLC makes no representations as to your right to install any such firmware or software on the products purchased from this website. PLC will not obtain or supply firmware or software on your behalf for any reason. By purchasing items from PLC, you agree to comply with the terms and conditions of any End-User License Agreement (EULA) or similar document specific for each item purchased or obtained from PLC. PLC does not sell, transfer, rent, modify or distribute any firmware or software on this website. By agreeing to these terms and conditions, you forfeit all claims that PLC has deliberately mislead or otherwise deceived you into thinking PLC Exchange is affiliated with any brand, distributor, wholesale or manufacturer.
MISCELLANEOUS TERMS
Information and policies governing PLC warranties, shipping and returns are found here:
• Warranty Information
• Shipping Policy
• Return Policy
The above-linked warranty information, shipping policy, and return policy are incorporated by reference to these Terms.
These Terms, and any rights and license granted hereunder, may be transferred or assigned by you only with PLC’s prior written consent, but may be assigned by PLC without restriction and without notice to you.
These Terms constitute the entire agreement between you and PLC concerning the Services and supersede all prior or contemporaneous communications of any kind between you and PLC 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.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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.
Neither these Terms nor the Privacy Notice create any right of action on the part of any third party, except for the PLC Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.
Contact Us
If you have questions about these Terms, please contact us by email at support@plcexchange.net