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https://us.anker.com/policies/terms-of-service?e_id_s=5d9dfdd9f4e98d1bd81696a2966f9a4a&customer_id=6493ffa7b8b5ad9ae5...
Submission: On November 04 via api from US — Scanned from CA
Submission: On November 04 via api from US — Scanned from CA
Form analysis 9 forms found in the DOM
POST /localization
<form method="post" action="/localization" id="header__selector-form" accept-charset="UTF-8" class="selectors-form" enctype="multipart/form-data"><input type="hidden" name="form_type" value="localization"><input type="hidden" name="utf8"
value="✓"><input type="hidden" name="_method" value="put"><input type="hidden" name="return_to" value="/policies/terms-of-service">
<div class="localization header-menu__disclosure">
<div class="selectors-form__wrap"></div>
</div>
</form>POST /localization
<form method="post" action="/localization" accept-charset="UTF-8" class="selectors-form" enctype="multipart/form-data"><input type="hidden" name="form_type" value="localization"><input type="hidden" name="utf8" value="✓"><input type="hidden"
name="_method" value="put"><input type="hidden" name="return_to" value="/policies/terms-of-service">
<div class="localization selectors-form--mobile">
<div class="selectors-form__wrap"></div>
</div>
</form>POST /cart
<form action="/cart" method="post" class="ajax-cart__form is-hidden" style="">
<div class="ajax-cart__cart-count text-align-center">
<p class="ajax-cart__cart-title">Shopping Cart <span class="cart__count--text" data-bind="itemCount">0</span></p>
</div>
<div class="ajax-cart__list">
</div>
<div class="ajax-cart__details-wrapper">
<div class="ajax-cart__subtotal ajax-cart__details-row is-flex is-justify-space-between">
<div class="ajax-cart__row-description">
<span>Subtotal:</span>
</div>
<span class="money">
<span class="tdf-cart-total-parent"> $0.00 </span>
</span>
</div>
<div class="ajax-cart__cart-message text-align-center">
<p>Free Shipping over $20. Ships to US only.</p>
</div>
<div class="ajax-cart__button-wrapper text-align-center">
<button type="submit" name="checkout" class="ajax-cart__button button--add-to-cart button" value="Checkout">
<span class="icon " data-icon="lock">
<svg xmlns="http://www.w3.org/2000/svg" viewBox="0 0 100 100">
<g id="lock">
<path
d="M81.73,97H18.27a6.74,6.74,0,0,1-6.73-6.72V49.6a6.74,6.74,0,0,1,6.73-6.73H81.73a6.74,6.74,0,0,1,6.73,6.73V90.28A6.74,6.74,0,0,1,81.73,97ZM18.27,46.87a2.74,2.74,0,0,0-2.73,2.73V90.28A2.73,2.73,0,0,0,18.27,93H81.73a2.73,2.73,0,0,0,2.73-2.72V49.6a2.74,2.74,0,0,0-2.73-2.73Z">
</path>
<path d="M72.79,46.87H27.21a2,2,0,0,1-2-2V27.78a24.79,24.79,0,0,1,49.58,0V44.87A2,2,0,0,1,72.79,46.87Zm-43.58-4H70.79V27.78a20.79,20.79,0,0,0-41.58,0Z"></path>
</g>
</svg>
</span> Checkout </button>
<a class="ajax-cart__cart-link tdf_cart_icon" href="/cart">Go to cart</a>
</div>
</div>
</form>/search
<form class="search-form search-popup__form" action="/search">
<div class="search__fields"> <input type="hidden" name="type" value="products"> <label for="q" class="visuallyhidden">Find what you seek</label>
<div class="field">
<div class="control has-icons-left"> <input class="input" id="q" type="text" name="q" placeholder="Find what you seek" value="" x-webkit-speech="" autocapitalize="off" autocomplete="off" autocorrect="off">
<span class="icon " data-icon="search"> <svg xmlns="http://www.w3.org/2000/svg" viewBox="0 0 100 100">
<g id="search">
<path d="M93.26,93.59l-23.94-24a38,38,0,1,0-3.16,2.5L90.44,96.41a2,2,0,0,0,2.82-2.82ZM10.15,41.06A34.07,34.07,0,1,1,44.21,75.13,34.1,34.1,0,0,1,10.15,41.06Z"></path>
</g>
</svg>
</span>
</div>
</div> <input type="submit" name="search" class="visuallyhidden" value="">
</div>
<div class="search__results-wrapper">
<h2 class="vertical-search__title"> Top suggestions </h2>
<ul class="search__results"></ul>
</div>
</form>POST /cart
<form action="/cart" method="post" class="ajax-cart__form is-hidden" style="">
<div class="ajax-cart__cart-count text-align-center">
<p class="ajax-cart__cart-title">Shopping Cart <span class="cart__count--text" data-bind="itemCount">0</span></p>
</div>
<div class="ajax-cart__list">
</div>
<div class="ajax-cart__details-wrapper">
<div class="ajax-cart__subtotal ajax-cart__details-row is-flex is-justify-space-between">
<div class="ajax-cart__row-description">
<span>Subtotal:</span>
</div>
<span class="money">
<span class="tdf-cart-total-parent"> $0.00 </span>
</span>
</div><noscript class="tdfPlaceDiscounts"></noscript>
<div class="ajax-cart__cart-message text-align-center">
<p>Free Shipping over $20. Ships to US only.</p>
</div>
<div class="ajax-cart__button-wrapper text-align-center">
<button type="submit" name="checkout" class="ajax-cart__button button--add-to-cart button" value="Checkout">
<span class="icon " data-icon="lock">
<svg xmlns="http://www.w3.org/2000/svg" viewBox="0 0 100 100">
<g id="lock">
<path
d="M81.73,97H18.27a6.74,6.74,0,0,1-6.73-6.72V49.6a6.74,6.74,0,0,1,6.73-6.73H81.73a6.74,6.74,0,0,1,6.73,6.73V90.28A6.74,6.74,0,0,1,81.73,97ZM18.27,46.87a2.74,2.74,0,0,0-2.73,2.73V90.28A2.73,2.73,0,0,0,18.27,93H81.73a2.73,2.73,0,0,0,2.73-2.72V49.6a2.74,2.74,0,0,0-2.73-2.73Z">
</path>
<path d="M72.79,46.87H27.21a2,2,0,0,1-2-2V27.78a24.79,24.79,0,0,1,49.58,0V44.87A2,2,0,0,1,72.79,46.87Zm-43.58-4H70.79V27.78a20.79,20.79,0,0,0-41.58,0Z"></path>
</g>
</svg>
</span> Checkout </button>
<a class="ajax-cart__cart-link tdf_cart_icon" href="/cart">Go to cart</a>
</div>
</div>
</form>POST
<form method="post" id="newsletter_form" accept-charset="UTF-8" class="footer-classic contact-form newsletter-form--newsletter-section">
<!-- <input type="hidden" name="contact[tags]" value="prospect,newsletter"/> <input type="hidden" name="challenge" value="false" /> -->
<div class="newsletter-form form">
<div class="field is-stretched-width"> <label class="label newsletter__text is-sr-only"> Email<span class="required">*</span></label>
<div class="control has-icons-left has-icons-left--responsive-form"> <input class="input is- is-" type="email" name="contact[email]" maxlength="200" placeholder="Email *">
<span class="icon " data-icon="email"> <svg xmlns="http://www.w3.org/2000/svg" viewBox="0 0 100 100">
<g id="email">
<path
d="M97,14.8a.15.15,0,0,1,0-.07,2,2,0,0,0-.29-.69v0l-.09-.11a1.45,1.45,0,0,0-.17-.19h0a1.09,1.09,0,0,0-.11-.1l-.18-.14a1.51,1.51,0,0,0-.18-.09.91.91,0,0,0-.17-.09,1.17,1.17,0,0,0-.2-.06l-.17-.05-.26,0H5a1.72,1.72,0,0,0-.39,0l-.17.05-.2.06L4,13.4l-.15.08a1.8,1.8,0,0,0-.55.55,1.19,1.19,0,0,0-.09.15l-.1.2-.06.2a.84.84,0,0,0,0,.17,1.72,1.72,0,0,0,0,.39V84.86a2,2,0,0,0,2,2H95a2,2,0,0,0,2-2V15.14h0C97,15,97,14.91,97,14.8Zm-6.7,2.34L50.61,57.93,9.83,17.14ZM7,82.86V20L49.22,62.19a2,2,0,0,0,1.41.58h0a2,2,0,0,0,1.42-.6L93,20.07V82.86Z">
</path>
</g>
</svg>
</span>
</div>
</div>
<div class="field is-default-width is-align-self-end">
<div class="control submit"><button type="submit" class="button reverse button--primary is-within-form"> Sign Up</button></div>
</div>
</div>
<div class="policyBox"> <label> <span> <input type="checkbox" name="policy" value="yes"></span> <span>I agree to the <a href="/policies/terms-of-service" target="_blank" rel="noopener noreferrer">Terms of Use</a> and
<a href="/policies/privacy-policy" target="_blank" rel="noopener noreferrer">Privacy Policy</a>.</span></label></div>
<div class="form_error_box">
<div class="contact-form__form-errors swap--visible info_error">
<p class="form__error"></p>
</div>
<div class="contact-form__form-errors swap--visible info_seccess">
<p class="form__error quote">Welcome to Anker!</p>
</div>
<div class="contact-form__form-errors swap--visible info_fill_email">
<p class="form__error">Please enter your email address.</p>
</div>
<div class="contact-form__form-errors swap--visible info_err_email">
<p class="form__error">Please enter a valid email address (Example: name@domain.com).</p>
</div>
<div class="contact-form__form-errors swap--visible info_select_policy">
<p class="form__error">Please agree to the Terms of Use and Privacy Policy.</p>
</div>
<div class="contact-form__form-errors swap--visible info_fill_captcha">
<p class="form__error">Please enter the captcha.</p>
</div>
</div>
</form>/search
<form class="search-form search-popup__form" action="/search">
<div class="search__fields"> <input type="hidden" name="type" value="products"> <label for="q" class="visuallyhidden">Find what you seek</label>
<div class="field">
<div class="control has-icons-left has-icons-right is-relative"> <input class="input" id="q" type="text" name="q" placeholder="Find what you seek" value="" x-webkit-speech="" autocapitalize="off" autocomplete="off" autocorrect="off">
<span class="icon is-left submit-search" data-icon="search"> <svg xmlns="http://www.w3.org/2000/svg" viewBox="0 0 100 100">
<g id="search">
<path d="M93.26,93.59l-23.94-24a38,38,0,1,0-3.16,2.5L90.44,96.41a2,2,0,0,0,2.82-2.82ZM10.15,41.06A34.07,34.07,0,1,1,44.21,75.13,34.1,34.1,0,0,1,10.15,41.06Z"></path>
</g>
</svg>
</span>
<span class="icon is-right close-search" data-icon="x"> <svg xmlns="http://www.w3.org/2000/svg" viewBox="0 0 100 100">
<g id="x">
<path d="M52.83,50,96.41,6.41a2,2,0,0,0-2.82-2.82L50,47.17,6.41,3.59A2,2,0,0,0,3.59,6.41L47.17,50,3.59,93.59a2,2,0,1,0,2.82,2.82L50,52.83,93.59,96.41a2,2,0,0,0,2.82-2.82Z"></path>
</g>
</svg>
</span>
</div>
</div> <input type="submit" name="search" class="visuallyhidden" value="">
</div>
<div class="search__results-wrapper">
<h2 class="vertical-search__title"> Top suggestions </h2>
<ul class="search__results"></ul>
</div>
</form>POST
<form id="fileUploadForm" enctype="multipart/form-data" method="post" target="fileUploadIframe"><input type="file" id="fileSelector" name="file" style="display: none;"><input name="filename" type="hidden"></form>POST #
<form class="acsb-form" data-acsb-search="form" enctype="multipart/form-data" action="#" method="POST"> <input type="text" tabindex="0" name="acsb_search" autocomplete="off" placeholder="Search the online dictionary..."
aria-label="Search the online dictionary..."> <i class="acsbi-search"></i> </form>Text Content
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TERMS OF SERVICE
1. Introduction
Welcome to Anker.com (the “Service”). These Terms of Use constitute a legal
agreement (the “Agreement” or “Terms of Use”) between Fantasia Trading LLC
and/or its affiliates (“we” or “us”) and you that governs your use of the
Service and purchase and use of any Anker products (“Products”) through the
Service. By using the Service, you accept these Terms of Use in full. If you
disagree with these Terms of Use or any part of these Terms of Use, you must not
use the Service.
2. Privacy Policy & Cookies
By using the Service, you represent and warrant that you have read and
understood and agree to be bound by our Privacy Policy (the “Privacy Policy”),
which is incorporated into this Agreement by reference. The Privacy Policy is
available at https://us.anker.com/policies/privacy-policy.
As explained more fully in the Privacy Policy, the Service uses Cookies to
collect certain information from you. By using the Service and agreeing to these
Terms of Use, you consent to our use of Cookies in accordance with the terms of
our Privacy Policy.
3. Eligibility
By accessing and/or using the Service, you represent and warrant that you are at
least eighteen (18) years of age, and are otherwise legally qualified to enter
into and form contracts under applicable law. If you are using the Service on
behalf of a business entity, you further represent and warrant that you are
authorized to act and enter into contracts on behalf of that business entity.
4. Purchases & Payments
If you purchase a Product through the Service, you will be required to provide
your billing and shipping information as well as information regarding your
credit or debit card (each, a “Payment Card”) so that we may charge you for the
costs and fees associated with your purchase. You represent and warrant that you
are the authorized account holder on all Payment Cards you submit through the
Service, and acknowledge and agree that we have the right to charge your
Payment Card for the cost of the Products, and all taxes, shipping, and handling
fees communicated to you at the time of your purchase.
Your order is an offer to us to buy the product(s) in your order. When you place
an order to purchase a product from us, we will send you an email confirming
receipt of your order and containing the details of your order (the "Order
Confirmation Email"). The Order Confirmation Email is acknowledgement that we
have received your order, and does not confirm acceptance of your offer to buy
the product(s) ordered. We only accept your offer, and conclude the contract of
sale for a product ordered by you, when we dispatch the product to you and send
email confirmation to you that we've dispatched the product to you.
If you are not fully satisfied with the Products purchased by you on the
Service, you may return the Product, in its original packaging, to us for a
refund within thirty (30) days of the date of your purchase. You can request and
arrange for such a refund by contacting us via the Service by filling out the
form at https://us.anker.com/pages/exchange. After the 30-day refund window has
expired, your only recourse regarding the Products is through our warranty.
At our sole discretion, you may be permitted to purchase certain Products
through Amazon.com (“Amazon”), or by using the payment processing services of
PayPal.com (“PayPal”). You understand and agree that Amazon and Paypal are Third
Parties, as that term is defined below, and that if you choose to complete any
portion of your purchase through these Third Parties, your purchase may be
governed by the terms of service, privacy policies, refund policies, and other
policies and agreements of such Third Parties. It is up to you to familiarize
yourself with the policies and agreements of these Third Parties.
5. License to Use Website
Subject to your compliance with this Agreement, we grant you a non-exclusive,
non-sublicensable, revocable as stated in this Agreement, non-transferable
license to access the Service for your personal use.
This license does not include, and you must not:
* Republish material from the Service (including republication on another
service), sell, rent or sub-license material from the Service
* Show any material from the Service in public
* Reproduce, duplicate, copy or otherwise exploit material on the Service for a
commercial purpose
* Edit or otherwise modify any material on the Service
* Redistribute material from the Service except for content specifically and
expressly made available for redistribution
Unless otherwise stated, we and/or our licensors own the intellectual property
rights in the Service and material on the Service, and all rights not expressly
granted in this Agreement are reserved by us.
6. Assumption of Risk; Release
You knowingly and freely assume all risk when using the Service. You, on behalf
of yourself, your personal representatives, and your heirs, voluntarily agree to
release, waive, discharge, hold harmless, defend, and indemnify us and our
owners, officers, directors, employees, agents, affiliates, consultants,
representatives, sublicensees, successors, assigns, parents, subsidiaries, and
related entities, including Anker Innovations Limited (collectively, the
"Company Parties") from any and all claims, actions, or losses for bodily
injury, property damage, wrongful death, emotional distress, loss of privacy, or
other damages or harm, whether to you or to third parties, that may result from
your use of the Service.
7. User account, Accuracy & Security
User Account
To access and use certain parts of the Service, you may be asked to create a
user account ("Account"), and to provide information that personally identifies
you. You represent and warrant that all user information you provide in
connection with your Account and your use of the Service is current, complete,
and accurate, and you agree that you will update that information as necessary
to maintain its completeness and accuracy by updating your personal profile. You
agree that you will not submit any fake content (including without limitation
any username, likeness, or profile) to willfully and credibly impersonate
another person, whether actual or fictitious. If we believe in our sole
discretion that the information you provide is not current, complete, or
accurate, we have the right to refuse you access to the Service. For additional
information, see our Privacy Policy.
Account Security
You may be asked to provide a username, password, and possibly other information
to secure your Account. You are entirely responsible for maintaining the
confidentiality of your password. You may not use the username or password of
any other person, nor may you share your username and password, nor may you
circumvent any authentication mechanism requiring the entry of usernames,
passwords, or any other information to gain unauthorized access to the Service.
You agree to notify us immediately of any unauthorized use of your Account. We
shall not be liable for any loss that you incur because of someone else using
your Account, either with or without your knowledge. You may be held liable for
any losses incurred by us, our affiliates, officers, directors, employees,
consultants, agents, and representatives due to someone else's use of your
Account.
8. Prohibited Conduct
We impose certain restrictions on your use of the Service. Any violation of this
Section 8 may subject you to civil and/or criminal liability.
You must not use the Service in any way that causes, or may cause, damage to the
Service or impairment of the availability or accessibility of the Service, or in
any way which is unlawful, illegal, fraudulent or harmful, or in connection with
any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Service to copy, store, host, transmit, send, use, publish
or distribute any material which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious
computer software.
You must not conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and data
harvesting) on or in relation to the Service without our express written
consent.
You must not engage in any of the following conduct on the Service, which is
expressly prohibited: (a) providing false, misleading, or inaccurate information
to us or any other person in connection with the Service; (b) impersonating, or
otherwise misrepresenting affiliation, connection, or association with, any
person or entity; (c) accessing content or data not intended for you, or logging
into a server or account that you are not authorized to access; (d) attempting
to probe, scan, or test the vulnerability of the Service, or any associated
system or network, or breaching security or authentication measures without
proper authorization; (e) interfering or attempt to interfere with the use of
the Service by any other user, host, or network, including (without limitation)
by submitting malware or exploiting software vulnerabilities; (f) forging,
modifying, or falsifying any network packet or protocol header or metadata in
any connection with, or transmission to, the Service (for example, SMTP email
headers, HTTP headers, or Internet Protocol packet headers); (g) creating
additional Accounts to promote your (or another's) business, or causing others
to do so; or (h) paying anyone for interactions on the Service.
You must not use the Service to transmit or send unsolicited commercial
communications.
You must not use the Service for any purposes related to marketing without our
express written consent.
9. User Content
In these Terms of Use, "your user content" means material (including without
limitation text, images, audio material, video material and audio-visual
material) that you submit to the Service, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to
use, reproduce, adapt, publish, translate and distribute your user content in
any existing or future media. You also grant to us the right to sub-license
these rights, and the right to bring an action for infringement of these rights,
provided, however, that we shall not bring an action for infringement of any
Product reviews posted by you without your express further permission.
Your user content must not be illegal or unlawful, must not infringe any third
party's legal rights, and must not be capable of giving rise to legal action
whether against you or us or a third party (in each case under any applicable
law).
You must not submit any user content to the Service that is or has ever been the
subject of any threatened or actual legal proceedings or other similar
complaint.
We reserve the right to edit or remove any material submitted to the Service, or
stored on our servers, or hosted or published upon the Service.
Notwithstanding our rights under these Terms of Use in relation to user content,
we do not undertake to monitor the submission of such content to, or the
publication of such content on, the Service.
10. No Warranties; Limitation of Liability
No Warranties
We, on behalf of ourself and our licensors and suppliers, expressly disclaims
any and all warranties, express or implied, regarding the Service, arising by
operation of law or otherwise, including without limitation any and all implied
warranties of merchantability, fitness for a particular purpose,
non-infringement, no encumbrance, or title, in addition to any warranties
arising from a course of dealing, usage, or trade practice. Neither we nor our
licensors or suppliers warrant that the Service will meet your requirements, or
that the operation of the Service will be uninterrupted or error-free. We
disclaim all implied liability for damages arising out of the furnishing of the
Service pursuant to this Agreement, including without limitation, mistakes,
omissions, interruptions, delays, tortious conduct, errors, representations, or
other defects arising out of the failure to furnish the Service, whether caused
by acts of commission or omission, or any other damage occurring. We shall not
be liable for any indirect, incidental, special, consequential, or punitive
damages (including without limitation damages for lost profits or lost
revenues), whether caused by the acts or omissions of us, Company Parties, or
our users, or their agents or representatives.
Your Responsibility for Loss or Damage; Backup of Data.
You agree that your use of the Service is at your sole risk. You will not hold
usor our licensors and suppliers, as applicable, responsible for any loss or
damage that results from your access to and/or use of the Service, including
without limitation any loss or damage to any of your computers, mobile devices,
including without limitations tablets and/or smartphones, or data. The Service
may contain bugs, errors, problems, or other limitations.
Limitation of Liability
In no event shall we or our licensors or suppliers be liable to you for any
claims arising from your use with the Service, including without limitation for
special, incidental, or consequential damages, lost profits, lost data or
confidential or other information, loss of privacy, costs of procurement of
substitute goods or Services, failure to meet any duty including without
limitation of good faith or of reasonable care, negligence, or otherwise,
regardless of the foreseeability of those damages or of any advice or notice
given to us or our licensors and suppliers arising out of or in connection with
your use of the Service. This limitation shall apply regardless of whether the
damages arise out of breach of contract, tort, or any other legal theory or form
of action. You agree that this limitation of liability represents a reasonable
allocation of risk and is a fundamental element of the basis of the bargain
between you and us. The Service would not be provided without such limitations.
Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any
other disclaimer of warranties or any other limitation of liability in any other
agreement between you and us or between you and any of our licensors and
suppliers. Some jurisdictions may not allow the exclusion of certain implied
warranties or the limitation of certain damages, so some of the above
disclaimers, waivers, and limitations of liability may not apply to you. Our
licensors and suppliers are intended third-party beneficiaries of these
disclaimers, waivers, and limitations. No advice or information, whether oral or
written, obtained by you through the Service or otherwise shall alter any of the
disclaimers or limitations stated in this section.
No Advice
Nothing on the Service constitutes, or is meant to constitute, advice of any
kind. If you require advice in relation to any legal, financial or medical
matter you should consult an appropriate professional.
11. Consent to Receive Electronic Communications from Fantasia
By creating an Account and providing your email address to us, you expressly
consent to receive electronic and other communications from us, over the short
term and periodically, including email communications. These communications
will be about your purchases, your customer service inquiries, new product
offers, promotions and other matters. You may opt out of receiving promotional
electronic communications at any time by following the unsubscribe instructions
contained in each communication, or by contacting us at one of our customer
service numbers as listed here: us.anker.com/contact. Your unsubscribe request
will apply to promotional communications only and will not limit our ability to
contact you regarding your purchases, Account, or to provide you with updates to
this Agreement or the Privacy Policy. You agree that these electronic
communications satisfy any legal requirements that communications or notices to
you be in writing.
12. Intellectual Property
You represent and warrant that, when using the Service, you will obey all
applicable laws and respect the intellectual property rights of others. Your use
of the Service is at all times governed by and subject to copyright and other
intellectual property laws. You agree not to upload, post, transmit, display,
perform, or distribute any content, information, or other materials in violation
of any third party's copyrights, trademarks, or other intellectual property or
proprietary rights.
Trademarks
Anker and the Anker logo (collectively, the "Marks") are trademarks or
registered trademarks of Anker Innovations Limited, and used by us with
permission. Other trademarks, Service marks, graphics, logos, and domain names
appearing anywhere on, through, or in connection with the Service may be the
trademarks of third parties. Neither your use of the Service nor this Agreement
grant you any right, title, or interest in, or any license to reproduce or
otherwise use, the Marks or any third-party trademarks, Service marks, graphics,
logos, or domain names. You agree that any goodwill in the Marks generated as a
result of your use of the Service will inure to the benefit of Anker Innovations
Limited, and you agree to assign, and do assign, all such goodwill to Anker
Innovations Limited. You shall not at any time, nor shall you assist others to,
challenge Anker Innovations Limited’s right, title, or interest in, or the
validity of, the Marks.
Copyrights
All content and other materials available through the Service, including without
limitation the Anker logo, design, text, graphics, and other files, and their
selection, arrangement, and organization, are either owned by Anker Innovations
Limited or are the property of our licensors and suppliers. Except as explicitly
provided, neither your use of the Service nor this Agreement grant you any
right, title, or interest in any such materials.
13. Reasonableness
By using the Service, you agree that the exclusions and limitations of liability
set out in the Service disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Service.
14. Other Parties
The Service may be linked with the services of third parties ("Third Party
Services"), some of whom may have established relationships with usand some of
whom may not. We do not have control over the content and performance of Third
Party Services. We have not reviewed, and cannot review or control, all of the
material, including computer software or other goods or Services, made available
on Third Party Services. Accordingly, we do not represent, warrant, or endorse
any Third Party Services, or the accuracy, currency, content, fitness,
lawfulness, or quality of the information, material, goods, or Services
available through Third Party Services. We disclaim, and you agree to assume,
all responsibility and liability for any damages or other harm, whether to you
or to third parties, resulting from your use of Third Party Services.
You accept that, as a limited liability entity, we have an interest in limiting
the personal liability of our officers and employees. You agree that you will
not bring any claim personally against our officers or employees, or against any
Company Parties, in respect of any losses you suffer in connection with the
Service.
Without prejudice to the foregoing paragraph, you agree that the limitations of
warranties and liability set out in the Service disclaimer will protect our
officers, employees, agents, subsidiaries, successors, assigns and
sub-contractors as well as us and the Company Parties.
15. Unenforceable Provisions
If any provision of the Service disclaimer is, or is found to be, unenforceable
under applicable law, that will not affect the enforceability of the other
provisions of the Service disclaimer.
16. Indemnity
Without limiting any indemnification provision of this Agreement, you (the
"Indemnitor") agree to defend, indemnify, and hold harmless us and the Company
Parties (collectively, the "Indemnitees") from and against any and all claims,
actions, demands, causes of action, and other proceedings (individually,
"Claim", and collectively, "Claims"), including but not limited to legal costs
and fees, and providing sole and exclusive control of the defense of any action
to us, including the choice of legal counsel and all related settlement
negotiations, arising out of or relating to: (i) the relationship between you
and us, whether based in contract, tort, statute, fraud, misrepresentation, or
any other legal theory; (ii) your breach of this Agreement, including without
limitation any representation or warranty contained in this Agreement; (iii)
your access to or use of the Service or Products; (iv) your provision to us or
any of the Indemnitees of information or other data; (v) your violation or
alleged violation of any foreign or domestic, international, federal, state, or
local law or regulation; (vi) your violations of Section 8 regarding prohibited
uses of the Service and other prohibited conduct; or (vii) your violation or
alleged violation of any third party's copyrights, trademarks, or other
intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to
participate through counsel of their choice in any defense by you of any Claim
as to which you are required to defend, indemnify, or hold harmless any, each,
and/or all Indemnitees. You may not settle any Claim without the prior written
consent of the concerned Company Parties.
17. Termination
Termination
Without limiting any other provision of this Agreement, we reserve the right to,
in our sole discretion and without notice or liability, deny use of the Service
to any person for any reason or for no reason at all, including without
limitation for any breach or suspected breach of any representation, warranty,
or covenant contained in this Agreement, or of any applicable law or regulation.
This Agreement shall automatically terminate if you breach any of this
Agreement's representations, warranties, or covenants. Such termination shall be
automatic and shall not require any action by us.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and
licenses granted to you under this Agreement, including all rights to use the
Service. Upon termination, we may, but has no obligation to, in our sole
discretion, rescind any Services and/or delete from our systems all your
Personal Information and any other files or information that you made available
to us or that otherwise relate to your use of the Service. Upon termination, you
shall cease any use of the Service.
After termination, we reserve the right to exercise whatever means it deems
necessary to prevent your unauthorized use of the Service, including without
limitation technological barriers such as IP blocking and direct contact with
your Internet Service Provider.
Survival
Upon termination, all rights and obligations created by this Agreement will
terminate, except that the following Sections will survive any termination of
this Agreement: Sections 1-4 and 6–27.
18. Dispute Resolution
Dispute
Any dispute or claim relating in any way to your use of any Service will be
adjudicated in the state or Federal courts in King County, Washington, and you
consent to exclusive jurisdiction and venue in these courts. We each waive any
right to a jury trial.
Applicable Law
By using any Service, you agree that applicable federal law, and the laws of the
state of Washington, without regard to principles of conflict of laws, will
govern these Terms of Use and any dispute of any sort that might arise between
you and us.
19. Notices
All notices required or permitted to be given under this Agreement must be in
writing. We shall give any notice by email sent to the most recent email
address, if any, provided by the intended recipient to us . You agree that any
notice received from us electronically satisfies any legal requirement that such
notice be in writing. You bear the sole responsibility of ensuring that your
email address on file with us is accurate and current, and notice to you shall
be deemed effective upon the sending by us of an email to that address. You
shall give any notice to us by submitting said notice to us at
support@anker.com.
20. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or
obligations under these Terms of Use without notifying you or obtaining your
consent. You may not transfer, sub-contract or otherwise deal with your rights
and/or obligations under these Terms of Use.
21. Severability
If a provision of these Terms of Use is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions
will continue in effect. If any unlawful and/or unenforceable provision would be
lawful or enforceable if part of it were deleted, that part will be deemed to be
deleted, and the rest of the provision will continue in effect.
22. No Waiver
A waiver by either party of any term or condition of this Agreement, or any
breach, in any one instance, will not waive that term or condition or any later
breach.
23. Independent Contractors
You and us are independent contractors, and no agency, partnership, joint
venture, or employee-employer relationship is intended or created by this
Agreement.
24. No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement, with the following
exceptions: the Company Parties, Indemnitees, and our licensors and suppliers
(to the extent expressly stated in this Agreement).
25. Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire
agreement between you and us in relation to your use of the Service, and
supersede all previous agreements in respect of your use of the Service.
26. Changes to Our Terms of Use
If we decide to change our Terms of Use, we will update the Terms of Use
modification date below. If the change is material, we will provide you with
notice pursuant to Section 19.
Last Modified: 08/05/21
27. Contact Us
If you have any questions about our Terms of Use, please contact us at
support@anker.com.
Fantasia Trading LLC
5350 Ontario Mills Pkwy, ste100
Ontario, CA 91764
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