Effective: April 19, 2023

Last Updated: March 27, 2026

 

IMPORTANT: THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 17 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT, SUBJECT TO THE EXCEPTIONS SET FORTH IN SECTION 17, YOU AND JACKERY INC. ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN A COURT OR IN CLASS ACTIONS OF ANY KIND.  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN A COURT.

If you reside in the United States, these Terms of Service apply to you.  If you reside outside of the United States, you must agree to the terms of the applicable jurisdiction in which you reside, which are available on the corresponding website.

This website (https://www.jackery.com/, the “Website”) is operated by Jackery lnc., a California corporation for and on behalf of itself and the other members of its corporate group  (“Jackery” or “we” or “us” or “our”).  Jackery offers the Website, including all information, tools, and services available from the Website to you, the user, conditioned exclusively upon your acceptance of the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (the “Terms”).

By visiting the Website and/or purchasing something from us through the Website, you accept our “Service” and agree to be fully bound by the Terms.  The Terms apply to all users of the Website, including, without limitation, users who are browsers, shoppers, vendors, customers, merchants, and/or contributors.  You understand, acknowledge, and agree that the Terms, including those additional terms, conditions and policies referenced herein and/or available by hyperlink, form our only and entire agreement with you regarding your use of the Website, the Service and our products. 

PLEASE READ THE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND JACKERY AND LIMIT YOUR RIGHTS UNDER THE LAW.  By using or accessing any part of the Website, you fully acknowledge and agree that you have read and understood, and you agree to be bound by, the Terms.  If you do not acknowledge or agree to the Terms, you are not permitted to use the Website and you must immediately cease accessing and/or using the Website.

Our on-line store through the Website is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

You can review the most current version of the Terms at any time on this page.

PLEASE NOTE THAT THE TERMS INCLUDE LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES AVAILABLE TO YOU.

1. Eligibility

If you are under 18 years of age, you may only use and/or access the Website with the authorization of a parent or legal guardian who agrees to be bound by the Terms.  By using and/or accessing the Website, you represent and warrant that you are at least 18 years old (or that your use of and/or access to the Website has been approved by your parent or legal guardian).  You hereby represent and warrant that you have the full power and authority to enter into and perform the Terms.  If you are using the Website on behalf of any other individual, you represent and warrant that you are authorized to accept the Terms on that individual’s behalf.

2. Account creation

You may use and/or access the Website without creating an account but, to fully use and/or access the Website, you will be required to create an account.  You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password.  You agree that you will provide and maintain accurate registration information and that it is your sole responsibility to do so.  If there has been an unauthorized use of your password or account, please notify us immediately.  When you register an account with us, you may be required to provide some of your personal information.  By registering and providing us with your personal information, you expressly accept our Privacy Policy, which is entirely incorporated into the Terms.

3. Use of our Service

A breach or violation of any of the Terms will result in an immediate termination of your Service.  We reserve the right to refuse Service to anyone for any reason at any time.  

You understand that your content may be transferred and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or the Service without prior express written permission by us.  

4. Accuracy, completeness and timelines of information

To the extent permitted by law, we are not responsible if any information on the Website is not accurate, complete or current.  Except for product descriptions, the material on the Website is provided for general information only and should not be relied on or used as the basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on the Website is at your own risk and you accept full responsibility for using the Website and any of its content.

The Website may contain certain historical information.  Historical information is not current and is provided for your reference only.  We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website.  You agree that it is your responsibility to monitor changes to the Website and you acknowledge that information on the Website may be inaccurate and subject to change or correction.

5. Additional terms that apply to the purchase of products

a. Modifications to the Service and prices

Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) or the provision of any products or the Service without notice.  This does not impact any order you placed for the Service prior to modification or discontinuation.  In any event, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website or the Service.

b. Products or Service  

Certain products or services may be available exclusively through the Website.  These products or services may have limited quantities and, without limiting your rights under the applicable law in US, are able to be returned in exchange for a refund, repaired or exchanged for another product but may not be able to be replaced if no replacement stock is available.  Further information is set out in our Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store.  We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion.  We reserve the right to discontinue any product at any time.  Any offer for any product or service made on the Website is void where prohibited.

Without limiting or excluding any warranties that cannot be excluded under applicable law , we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

c. Accuracy of billing and account information

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.  You agree to promptly update your account and other information, including your email address and (if applicable) payment information, so that we can complete your transactions and contact you as needed.

6. Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  To the extent permitted to law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources).  Any such new features and/or services offered in the future shall be subject to the Terms.

7. Third-Party Services

We may link to or offer services or products provided by third-parties (“Third-Party Services”) through or in connection with the Website.  Your use of Third-Party Services is solely a relationship between you and the applicable Third-Party Service provider and is subject to the terms and conditions of, or your agreement with, such Third-Party Service provider.  We do not warrant, endorse, or support Third-Party Services and are not responsible or liable for any Third-Party Services or any damages, liabilities, losses, issues or other risks that arise or result from your use of such services.  You understand, acknowledge, and agree that access and/or use of any Third-Party Services may be subject to terms and privacy policies that are different from ours, and that we are not responsible for such provisions and expressly disclaim any liability with respect to them.  

8. User comments, feedback, sharing and other submissions

We respect your ideas, suggestions and sharing, but please do not submit, at our request or without a request from us, any ideas, information, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “Comments”) that are confidential or that are owned by any third-party in any form to us or any of our Representatives.  If you do submit any Comments in any form or format, you understand, acknowledge, and agree that your submission of such Comments is purely voluntary and that the following terms apply: (a) your Comments (including their content) will automatically become our property, without any compensation to you; (b) we have no obligation to respond to, review or use your Comments; (c) we may, at any time, without restriction, edit, copy, implement, distribute, translate and otherwise use in any medium any portion of your comments that you submit to us, without any compensation to you; and (d) we have no obligation to keep your Comments confidential.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or that may violate any party’s intellectual property rights or the Terms.

You must ensure that your Comments do not violate any intellectual property right or proprietary right of any third-party.  You further agree that your Comments must not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Website.  You may not use a false e-mail address, represent to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments.  You are solely responsible for any Comments you make in any form and the accuracy of such Comments.  We take no responsibility and assume no liability for any Comments posted by you or any third-party.

You understand, acknowledge, and agree that, when you use and/or access the Jackery Life, we may make requirements.  All requirements we make in connection with the Jackery Life is subject to our Guideline, which is incorporated into the Terms by reference herein.

9. Prohibited uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content or any part of the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or territory regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, class, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet.  We reserve the right to terminate your use of the Service or the Website for violating any of the prohibited uses.

10. Term and Termination

The Terms will remain in full force and effect until terminated in accordance with the terms set forth herein.  You may terminate the Terms at any time and for any reason by deleting your account in accordance with Section 11 below and discontinuing any and all use of and/or access to the Website and the Service.  All of the Terms that, by their nature or purpose, are intended to survive termination shall survive any such termination.  The obligations and liabilities incurred prior to the termination date shall survive the termination of the Terms for all purposes.

We reserve the right to terminate, modify, discontinue, or suspend the Website and/or the Service in our sole discretion at any time for any or no reason, including for violation of the Terms.  We will notify you of termination or suspension via the email address associated with your account.

Notwithstanding anything else in the Terms, where you have not breached the Terms, we will provide you with 30 days’ notice via the email address associated with your account if we decide, in our sole discretion, to terminate, modify, discontinue or suspend the Website and/or the Service in accordance with this Section 10.

11. Account deletion by you

If you do not agree to the Terms or no longer want to use our Website or the Service, you can delete your account at any time by emailing hello@jackery.com and requesting that your account be deleted or by  logging in to Account Center-Accounts-Manage Account-Delete Account-Request Deletion.  If you choose to delete your account, you will not be able to log in and use your account or reactivate your account. 

If you delete your account, all content, information, data and records under your account will be deleted or anonymized, and you will not be able to retrieve, access, obtain, continue to use, or recover any of the content or information you have added via your account, unless otherwise stipulated by applicable laws and regulations or required by the competent regulatory authorities.  Such content or information incudes, but is not limited to, personal information under the account (e.g. nickname, avatar, mobile phone number and email address linked to the account, etc.), Jackery device information and order records under the account, all content published using the account (e.g., audio, pictures, photos, comments, interactions, likes, etc.), warranty and support records and any other content, information, data, and records.

If you delete your account, you agree to forfeit and surrender any and all rights and interests that have been created or that otherwise exist relating to the use of Jackery’s products and services and expected interests under the account.  If you delete your account, all rights and interests under the account will be forfeited, including points, coupons, vouchers and others that you have not used, rights and interests to future profits from the content you published on Jackery’s products and/or services, other generated but not consumed rights and interest or any expected profits.

If you delete your account, you agree that you will no longer be able to participate in Jackery promotions or campaigns on the Website.

If you delete your account, you agree that you cannot register again using the same registration information.

If you delete your account, the Terms shall terminate as an agreement between you and us, with the exception of the Terms that, by their nature or purpose, are intended to continue beyond termination or cancellation.  Each of your and our surviving obligations under the Terms shall survive such termination or cancellation.

To protect your account security and related rights and interests, please ensure the account you choose to delete satisfies all of the following requirements, including:

1) The account is legally registered and used by you through our official channels;

2) There is no pending order or service under the account;

3) Relevant rights and interests under the account have been properly resolved, and those have not been resolved will be deemed to be voluntarily waived;

4) There are no disputes relating to the account, including any complaints, arbitrations, litigation, or investigations by regulatory authorities;

5) Other requirements for the purpose of protecting your account security and property rights and interests.

6) To protect your account security and property rights and interests, we need to verify your identity for the account deletion (for example, verifying the email address or mobile phone number linked to this account) to ensure that the account is registered by you.

 12. Modification of the Terms

We may modify the Terms at any time and for any reason.  We reserve the right, in our sole discretion, to change, add, or remove all or any portion of the Terms at any time.  We will typically post any such changes to the Website, but it is your responsibility to review the Terms for changes when you visit the Website (including whenever you make a purchase).  Your continued access to or use of the Website after changes to the Terms constitutes your full and binding acceptance of such changes.  If you do not agree to any of the changes, you may terminate the Terms by deleting your account in accordance with Sections 10 and 11 and discontinuing all use of and/or access to the Website.  Any disputes arising under the Terms will be resolved in accordance with the version of the Terms in effect at the time the dispute arose.  For clarity, no change to the Terms impacts a final purchase you have already made, which purchase will be governed by the Terms in effect on the date on which you finalized your purchase.

13. Disclaimers

TO THE EXTENT PERMITTED BY LAW, THE WEBSITE, THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE.  WE MAKE NO GUARANTEE THAT: (A) ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, COMPLETE, TIMELY, SECURE, OR ERROR-FREE; AND (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE.  THE FOREGOING DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS OF DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, WHETHER FOR BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER CLAIM, COMPLAINT OR CAUSE OF ACTION.  

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING AUSTRALIAN CONSUMER LAW.

14. Indemnification

To the maximum extent permitted by applicable law, you hereby agree to release, defend, indemnify, and hold us (including personnel, directors, officers, and employees thereof) harmless from and against any and all claims, actions, causes of action, complaints, liabilities, damages, losses, and expenses, including reasonably legal and accounting fees, arising out of or in any way connected with (a) your breach of any of Sections 3, 8 and 9 of the Terms, (b) any use by us of personal information that you disclose that you did not have a right to disclose,  (c) any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, punitive or otherwise) of any kind arising in connection with or as a result of any bodily injury, personal injury, illness, death, economic loss or property damage, or (d) breach of any laws, regulations or infringement of third-party rights, including intellectual property or privacy rights.  This indemnification and release is reduced only to the extent directly caused by our breach of the Terms or applicable law.  

15. Limitation of Liability

A. SUBJECT TO (B) OF THIS SECTION 15, IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL WE OR ANY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR YOUR REPRESENTATIVES, HEIRS OR ESTATE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR ECONOMIC LOSS ARISING FROM OR RELATING TO THE TERMS, THE WEBSITE OR THE SERVICE, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING.  YOUR ACCESS TO AND/OR USE OF THE WEBSITE, THE SERVICE AND/OR ANY PRODUCTS PROCURED USING THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGES ARISING THEREFROM OR RELATING THERETO, INCLUDING BODILY INJURY, PROPERTY DAMAGE, ECONOMIC LOSS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER OR DEVICE MALFUNCTION.  IF, FOR ANY REASON, WE ARE FOUND TO BE LIABLE TO YOU, YOU AGREE THAT OUR TOTAL AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).  THE LIMITATION OF LIABILITY SET OUT HEREIN DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW  (IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW).  THIS LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THE TERMS.

B. IF THERE IS A GUARANTEE OR OTHER PROTECTION IN RELATION TO A PRODUCT, GOOD OR SERVICE WE SUPPLY, AND  LIABILITY CANNOT BE EXCLUDED BUT CAN BE LIMITED, OUR LIABILITY IS LIMITED TO THE RESUPPLY OF THE RELEVANT GOOD OR SERVICE OR TO PAYMENT OF THE COST OF RESUPPLY OF THE RELEVANT GOOD OR SERVICE.  

 16. Privacy

You understand, acknowledge, and agree that, when you use and/or access the Website, we may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Website.  All personal information we collect through or in connection with the Website is subject to our Privacy Policy, which is incorporated by reference herein.  By accessing, using, and/or providing information to or through the Website, you consent to all actions taken by us with respect to your personal information in compliance with our Privacy Policy.

17. Disputes, Arbitration and Applicable Law

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  YOU AND WE KNOWLINGLY AND EXPRESSLY AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

1. MANDATORY ARBITRATION.

a. YOU AND WE AGREE THAT ANY AND ALL CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS, THE WEBSITE, THE SERVICE OR THE PRODUCTS, OR ANY OTHER ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, REGARDLESS OF WHEN THE CLAIM AROSE,  WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT, BY A JUDGE OR BY A JURY.  EXCEPT AS OTHERWISE PROVIDED IN THE TERMS, YOU AND WE AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN A COURT OR TO HAVE A TRIAL BY A JUDGE OR A JURY.  This Section shall be referred to as the “Arbitration Agreement” in the Terms.

 

b. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to fully and finally resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms are of is void or voidable.  The Arbitration Agreement is intended to be broadly interpreted and will survive termination of the Terms.

 

c. Before either you or we file a claim against the other, you and we both agree to attempt to resolve the dispute informally.  You agree to do so by sending us notice to legal@hello-tech.com setting forth the nature of the dispute and the relief sought.  We will do so by sending you notice to the email address associated with your account.  If you and we are unable to resolve a dispute within 60 days of notice being provided, either of you or we have the right to initiate arbitration.  

 

d. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the Terms by providing us notice of your opt out via email at legal@hello-tech.com.  To be effective, the opt out notice must include your full name, mailing address and email address and must explicitly state your intent to opt out of binding arbitration.

 

e. Exceptions.  The Arbitration Agreement and class action waiver shall be subject to these limited exceptions:

 

i. If a claim is within the jurisdiction of small claims court, either of the parties may, instead of arbitration, choose to file the claim in a small claims court in your county of residence or in closest proximity to your residence; you may also choose to file the claim in a small claims court in the Superior Court of California, County of Orange.

 

ii. If the Arbitration Agreement is for any reason held to be unenforceable, any litigation against us (except for small claims court actions) may be commenced only in a federal or state court located within Orange County, California, and you and we each consent to the exclusive jurisdiction of those courts for such purposes.

 

iii. We may pursue injunctive or other equitable relief in a court of competent jurisdiction to halt intellectual property infringement or misappropriation.

2. Class Action and Mass Action Waiver.

YOU AND WE AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS.  You and we each agree to waive the right to have a dispute brought, heard, administered, resolved or arbitrated as a class arbitration, class action, collective action, coordinated action or mass action to the maximum extent permitted by law.  “Mass action” means a dispute in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than ten (10) proceedings with common questions of law or fact against us within 180 days of initiating your arbitration.  You and we agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims.  This paragraph shall be referred to as the “Class Action and Mass Action Waiver” in the Terms.  

3. Initiating a Demand for Arbitration.

Any arbitration required by the Arbitration Agreement shall be initiated by You or us by sending the other a written demand for arbitration via first class mail, FedEx or UPS within the statute of limitations period.  Your demand shall be delivered to: legal@hello-tech.com Our demand shall be delivered to the email address associated with your account.  The demand must include (1) the name, telephone number, mailing address and email address of the person or entity seeking arbitration; (2) a statement of the legal claims asserted and the factual basis for the claims; (3) a description of the remedy sought and an accurate, good faith calculation of the amount in controversy; (4) the original personal signature of the party seeking arbitration; and (5) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration.  For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied or facsimile signature.  An original personal signature on the demand certifies the following: (a) the demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay or needlessly increase the cost of the dispute; (b) the claims and other legal contentions are warranted by applicable law or by a non-frivolous argument for extending, modifying or reversing applicable law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.  The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the demand are true and correct.  

4. Filing a Demand for Arbitration.

A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the demand is initiated pursuant to Section 17.3 of the Terms.  The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by the Terms.  The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

5. Conduct of Arbitration.

In any arbitration of a dispute:

1. You or we may file such dispositive motions permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator.  Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.

2. The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues and whether the burden or expense of the proposed discovery outweighs its likely benefit.  Proportionality shall be decided by the arbitrator when requested by either party.

3. The arbitrator shall conduct any calls, conferences or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate.  Any in-person hearing will be held at a location that is reasonably convenient.

4. A party must make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.

5. If the arbitrator finds that a party’s claim, counterclaim or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party all of its attorneys’ fees, costs and expenses and all amounts charged by AAA for the arbitration.

6. The arbitrator will follow the Terms and the appliable law.  The arbitrator shall not have the authority to commit errors of law or legal reasoning.  The arbitrator shall provide a reasoned award and may award relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s claim.  The arbitrator may not award relief for or against anyone that is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

7. You or we may appeal an arbitration award that disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties.  The appeal shall be heard by a multi-arbitrator appellate panel.  The arbitrators assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel.  If the parties are unable to agree, AAA shall appoint the arbitrators from among those on the AAA Appellate Panel.  An arbitrator who previously presided over any aspect of a dispute shall be ineligible from serving as an appellate arbitrator with regard to that same dispute.  The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrators’ orders, if the parties are unable to agree.

8. The arbitrator will have exclusive authority to resolve any dispute, except the state or federal courts of Orange County, California shall have the authority to determine any Dispute about enforceability, validity of the class action waiver or requests for public injunctive relief as set forth in Section 17.2.

18. Severability.

If any part of the Terms is not valid or enforceable, that provision shall be deemed severable, meaning it will not affect the validity or enforceability of any remaining provisions.

19. Applicable Law.

The activities described in the Terms involve interstate commerce and the Federal Arbitration Act (“FAA”).  The Arbitration Agreement is governed by the FAA, including its procedural provisions, in all respects.  If the FAA is found not to apply to any portion of Section 17 of the Terms, then the laws of the state of California shall apply without regard to choice of law principles.

If any dispute between the parties is not subject to arbitration or cannot be heard in small claims court, the state and federal courts located in Orange County, California, will have exclusive jurisdiction over any such dispute and you hereby agree to submit to the personal and exclusive jurisdiction and venue of and in such courts and will not to seek the transfer of any case or proceeding out of such courts.

20. Notices

We may give notice by means of a general notice on or through the Website, electronic mail to the email address associated with your account, telephone or text message to any telephone number provided in connection with your account, or by written communication sent by first-class mail or pre-paid post to any address connected with your account.  Such notice shall be deemed to have been provided forty-eight (48) hours after mailing or posting (if sent by first-class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the website).  You may provide notice to us, with such notice deemed effective when actually received by us, at any time by first-class mail or pre-paid post to our registered agent for service of process [hello@jackery.com].

21. Miscellaneous

The Terms, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent (in our sole discretion), but may be freely assigned by us on 10 days’ written notice to you, without your consent or any other restriction.  Any assignment attempted to be made in violation of the Terms shall be null and void.

No waiver by us of any term or condition set out in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of the Terms will continue in full force and effect.

Any ambiguities in the interpretation of the Terms shall not be construed against the drafting party.

 

20. Account deletion by you

If you do not agree to the Terms or no longer want to use the Website or the Service, you can delete your account at any time by emailing hello@jackery.com and requesting for your account to be deleted or completing the following steps: Login to Account Center-Accounts-Manage Account-Delete Account-Request Deletion.  If you choose to delete your account, you will not be able to log in and use your account or reactivate your account. 

If you delete your account, all content, information, data and records under your account will be deleted or anonymized, and you will not be able to retrieve, access, obtain, continue to use, or recover any of the content or information you have added via your account, unless otherwise stipulated by applicable laws and regulations or required by the competent regulatory authorities.  The aforementioned content or information incudes, but is not limited to, personal information under the account (e.g. nickname, avatar, mobile phone number and email address linked to the account, etc.), Jackery device information and order records under the account, all content published using the account (e.g., audio, pictures, photos, comments, interactions, likes, etc.), warranty and support records, and any other content, information, data, and records.

If you delete your account, you agree to give up the rights and interests that have been generated but not consumed during the use of our products and services and expected interests under the account.  If you delete your account, all rights and interests under the account will be forfeited, including points, coupons, vouchers and others that you have not used, rights and interests to future profits from the content you published on our products or services and other generated but not consumed rights and interest or expected profits.

If you delete your account, you agree that you will no longer be able to participate in promotions or campaigns on the Website.

If you delete your account, you agree that you cannot register again using the same registration information.

If you delete your account, the Terms shall terminate as an agreement between you and us, with the exception of the Terms that, by their nature or purpose, are intended to continue beyond termination or cancellation.  Each of your and our obligations under those particular provisions of the Terms shall survive such termination or cancellation.

To protect your account security and related rights and interests, please ensure that the account you choose to delete satisfies all of the following requirements, including:
1) The account is legally registered and used by you through our official channels;
2) There are no pending orders or services under this account;
3) Relevant rights and interests under the account have been properly resolved, and those have not been resolved will be deemed as voluntarily waived;
4) There are no disputes relating to the account, including any complaints, arbitrations, litigation, or investigations by regulatory authorities;
5) Other requirements for the purpose of protecting your account security and property rights and interests.
6) To protect your account security and property rights and interests, we need to verify your identity for the account deletion (for example, verifying the email address or mobile phone number linked to the account) to ensure that the account is registered by you.

 

21. Contact information

Please forward any questions or concerns about the Terms directly to hello@jackery.com.