its affiliates (“we” or “us”) and you that governs your use of the Service and purchase
and use of any Cargado products (“Products”) through the Service. By using the
By using the Service, you represent and warrant that you have read and understood
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
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
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
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
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
You must not use the Service for any purposes related to marketing without our express
9. User Content
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.
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
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
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 us or 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
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.
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
11. Consent to Receive Electronic Communications from Affiliately/Cargado
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
completed, 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: firstname.lastname@example.org. 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.
Cargado and the Cargado logo (collectively, the "Marks") are trademarks or registered
trademarks of Cargado LLC, 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.
All content and other materials available through the Service, including without limitation
the Cargado 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
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
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
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
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
Any dispute or claim relating in any way to your use of any Service will be adjudicated in
the state or Federal courts in Prince Georges County, Maryland, and you consent to
exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
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.
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
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under
transfer, sub-contract or otherwise deal with your rights and/or obligations under these
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
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.
date below. If the change is material, we will provide you with notice pursuant to Section
Last Modified: 7/1/22
27. Contact Us
Cargado Mobile Charging Solutions
PO Box 1162
Bowie MD 20716