Ownership of Materials
The Site and its Materials are owned by ThirdEye and are copyrighted. You may not distribute, modify, reproduce or use any Materials, in whole or in part, without the prior written consent of ThirdEye.
ThirdEye own many other trademarks and registered trademarks (the “Trademarks”) registered in the US. Any questions concerning Trademarks should be referred to ThirdEye via the contact info.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks displayed on this Site without the written consent of ThirdEye or such party that may own the Trademarks. The absence of a product or service name or logo attribution anywhere in the text of this Site does not constitute a waiver of any trademark or other intellectual property rights concerning that product or service name or logo. All other products and brand names are trademarks and/or registered trademarks of their respective companies. ThirdEye disclaims any interest in those marks.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software is collectively known as the “Software”). ThirdEye does not transfer title of the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. All intellectual property rights in and to the design and manufacture of the products, including without limitation all intellectual property rights in the firmware & hardware that is embedded in the products (“Embedded Software & Hardware”), shall be and remain the property solely of ThirdEye. By selling the products, ThirdEye is conferring solely only the right to use the products in accordance with ThirdEye’s user documentation and other operating instructions. No buyer shall reverse engineer, disassemble, decompile, or otherwise deconstruct, examine the Hardware or products or Embedded Software or remove the Embedded Software from the products, and any attempt to do so shall immediately void this license, subject Buyer to damages, and subject Buyer to liability as an infringer of ThirdEye’s rights in the product or Embedded Software. The products are offered for sale and are sold by ThirdEye subject in every case to the condition that such sale does not convey any license, expressly or by implication, estoppel or otherwise, under any patent or other intellectual property with respect to which ThirdEye can grant licenses, including without limitation intellectual property rights covering the products, its design, or any assembly, circuit combination, method or process in which any such products are used as components. ThirdEye expressly reserves all its rights under such patent or other intellectual property claims.
ThirdEye Developer Portal
Third Party Companies and Products
Mention of third party products, companies, and web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. ThirdEye makes no representations regarding the quality, safety or suitability of any products by third party companies. All third party products must be ordered directly from the vendor and all licenses and warranties, if any, are made between you and the vendor. Links to third party web sites are provided solely as a convenience to you. ThirdEye has no control over the contents of any other web site and makes no representation whatsoever regarding the content of any other web site. When you use these links, you will leave this Site. ThirdEye does not endorse or have any responsibility for the content, information, products on the site or for materials and information contained in any third party web site.
Terms of Shipping
In the absence of specific shipping instructions, ThirdEye will ship by the method it deems most advantageous. Transportation charges will be collected from Buyer upon delivery, or if prepaid, will be subsequently invoiced to Buyer. Unless otherwise indicated, Buyer is obligated to obtain insurance against damage to the material being shipped. Unless otherwise specified, products shall be shipped in standard commercial packaging. When special or export packaging is requested or, in the opinion of ThirdEye, required under the circumstances, the cost of the same, if not set forth on the invoice, will be separately invoiced.
Accounts thirty (30) days past due will be subject to a monthly charge at the rate of five percent monthly.
See the official ThirdEye Warranty that came with the “Product”.
Feedback and Information
Any feedback you provide at this Site, by electronic mail or otherwise, including data, questions, comments, suggestions or the like shall be deemed to be non-confidential and non-proprietary. ThirdEye shall be free to use such information for any purpose on an unrestricted basis.
ThirdEye does not warrant the accuracy and completeness of the Materials or services provided at this Site. ThirdEye also does not warrant that any functions of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free from viruses or other harmful components. Some jurisdictions may not allow the exclusion of an implied warranty so some of the above exclusions may not apply to you in all circumstances.
Limitation of Liability
For full information see the official ThirdEye Warranty that came with Product.
In no event will ThirdEye Gen, Inc assume any responsibility for any damages that result from your access to, use of, or inability to use, this site, or from your downloading of any materials from the site, even if ThirdEye or its authorized representative has been advised of the possibility of such damages. Your use of the site is at your risk. Neither ThirdEye nor its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out or your access to, or use of, the site. Some jurisdictions may not allow a limitation or exclusion on damages, so the above may not apply in all circumstances. In no event shall ThirdEye’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Buyer acknowledges and agrees that the use of the products other than in accordance with ThirdEye’s operating instructions can involve substantial risk of property damage or personal injury, up to and including death of the user or of third parties. Buyer assumes all liability for all such property damage or personal injury. Buyer agrees to and does hereby indemnify and hold harmless ThirdEye from and against any and all claims, loss, cost and liability, including without limitation attorneys’ fees, arising from any such property damage or personal injury or from any third party claim respecting any such property damage or personal injury.
Buyer acknowledges the inherent risks in the use of this product and shall avoid using this product while driving motor vehicles or operating heavy machinery unless specifically and exclusively using software designed for these applications. Do not wear smartglass while it is wet or underwater.
Do not wear smartglass when unobstructed view is necessary for safety.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products and providing support to customers in the United States. This Site is controlled and operated by ThirdEye from its offices within the State of Florida, United States of America. ThirdEye makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, including without limitations U.S. export laws and regulations. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such U.S. export prohibition list.
Prices are exclusive of all federal, state, municipal, or other government, excise, sales, use, occupational, or like taxes or duties now in force or enacted in the future. Any such tax, fee, or charge of any nature whatsoever imposed by any governmental authority on, or measured by, the transaction between ThirdEye and the Buyer shall be paid by the Buyer in addition to the prices quoted or invoiced. In the event ThirdEye is required to pay any such tax, fee, or a charge, at the time of sale or thereafter, the Buyer shall reimburse ThirdEye therefor.
The terms herein shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules. In the event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect. Prices, product descriptions and illustrations in this Site are subject to change without notice. Inventory of some items is limited to supply on hand.
Update of Terms and Conditions Herein
ThirdEye may from time to time revise these Terms and Conditions by updating this posting. Please visit this page periodically to review the current Terms and Conditions because they are binding on you. Your continued use of the Site will mean you accept any changes.