Product Terms & Limited Warranty
By clicking “I ACCEPT” and/or completing a purchase of goods offered by ThirdEye, you agree to the terms and conditions contained in the Agreement and agree to purchase the products selected by you (collectively, the “Products”). Notwithstanding the foregoing, all Buyer purchase orders, whether placed directly by you or through an agent, are subject to final approval and acceptance by ThirdEye and ThirdEye may, at its sole discretion, accept or reject such purchase orders with no further obligations to Buyer.
You have 10 calendar days to contact ThirdEye to request to return a Product from the date delivered to you. Only Products that have been unopened/unused and ordered directly from ThirdEye can be returned to ThirdEye. ThirdEye products purchased through other retailers must be returned in accordance with their returns and refunds policies. Products that have been opened or used in any way cannot be returned. In order to complete a return, contact firstname.lastname@example.org to receive a return authorization number and mailing information. Once you have verified your return details, print the return label sent to you and any required hazmat labels within 10 days of receipt of such authorization number and mailing information. If you’re shipping multiple boxes, print labels for each box. Use the unopened original packaging for the Products. Upon receipt by ThirdEye, a ThirdEye support representative will check your package and match it with your return authorization number. If the materials are returned in accordance with these terms, we will begin processing your refund within five business days.
TERMS OF PAYMENT
Unless otherwise expressly agreed to in writing by ThirdEye, if Products were not paid at the moment of ordering and are subject to invoices, payment of each invoice is required within thirty (30) days after date of invoice. Any balance unpaid after the required payment date shall be subject to a late fee of 1.5% per month, compounded monthly from such date. Buyer agrees to pay all costs and expenses (including, without limitation, reasonable attorneys’ fees) incurred by ThirdEye in connection with the collection of amounts not paid by Buyer to ThirdEye.
Any sales, use, excise and other taxes applicable to this transaction (other than income and gross receipts taxes of ThirdEye) and the goods furnished by ThirdEye are not included in the purchase price and shall be paid by Buyer when due. If ThirdEye pays any such taxes, Buyer shall reimburse ThirdEye upon demand.
DELIVERY AND DELAYS
Unless otherwise specified herein, deliveries shall be F.O.B. ThirdEye’s point of shipment, and title to the goods and risk of loss shall pass to Buyer upon ThirdEye’s delivery to the carrier. All shipping costs, including any increase in transportation rates, insurance or taxes prior to date of shipment, shall be paid by Buyer in addition to the purchase price. All shipping dates are approximate and ThirdEye does not guarantee a particular day of delivery. ThirdEye shall not be liable for loss or damage because of delays occasioned by labor disputes, damage to facilities, failure of suppliers or subcontractors to meet scheduled deliveries, fire, flood, riots, car shortages, embargoes on freight by any government, accidents, insurrections, lockouts, acts of civil or military authorities, loss or damage of goods in transit, acts of God or any other cause beyond ThirdEye’s reasonable control or making its performance commercially impracticable. Time is not of the essence unless otherwise agreed to in a writing signed by ThirdEye. Notwithstanding other provisions hereof, if shipment is delayed at Buyer’s request, the goods shall be deemed to be stored at Buyer’s risk and expense and ThirdEye may thereupon bill Buyer for the full price of the goods and storage costs. Buyer shall pay such bill within thirty (30) days after receipt of invoice.
SECURITY INTEREST AND REPOSSESSION
Until full payment has been made therefor and as security for full payment, Buyer grants ThirdEye a purchase money security interest in the Products shipped to Buyer and the Products shall remain personal property. Upon request Buyer shall execute and deliver to ThirdEye security agreements and other documents further evidencing ThirdEye’s security interest. Buyer authorizes ThirdEye to file a financing statement or statements relating to the goods, as ThirdEye may deem appropriate, and appoints ThirdEye as Buyer’s attorney-in-fact for the limited purpose of executing (without requiring ThirdEye to do so) documents in Buyer’s name and performing other acts that ThirdEye deems appropriate to grant, perfect and continue its security interest and to protect and preserve the Products. In the event Buyer defaults in making any payment due ThirdEye, ThirdEye, in addition to any other rights or remedies provided by law, shall have the right, with or without legal process, to enter the place where said Products are located and to repossess the Products in accordance with the Uniform Commercial Code.
Shipment by ThirdEye shall at all times be subject to the prior approval of ThirdEye’s credit personnel and ThirdEye may, at any time, decline to make shipment except upon receipt of prior payment or upon other terms and conditions or security satisfactory to ThirdEye.
Notwithstanding any other provision of these Terms, ThirdEye shall have the right, upon notice to Buyer, to inspect, repair or update the Products for purposes of safety, performance or compliance with the warranty set forth in Exhibit A hereto. Buyer agrees to provide ThirdEye with all necessary access to the Products in the event of such notice from ThirdEye. Failure to provide such access shall void the warranty set forth herein.
OTHER THAN WITH RESPECT TO THE LIMITED WARRANTY SET FORTH IN EXHIBIT A HERETO, ThirdEye MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS OR PERFORMANCE THEREOF, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. ANY OTHER ORAL OR WRITTEN STATEMENT, INFORMATION OR ADVICE GIVEN OR MADE BY ThirdEye OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR DISTRIBUTORS SHALL NOT CONSTITUTE A ThirdEye REPRESENTATION OR WARRANTY AND SHALL NOT BE RELIED UPON BY BUYER OR ANY OTHER PERSON.
IN NO EVENT SHALL ThirdEye, ITS AFFILIATES or any of their shareholders, directors, officers, PERSONNEL, or agents BE LIABLE TO BUYER OR ANY THIRD PARTY (i) FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, REGARDLESS OF (A) WHETHER THE DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT ThirdEye WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES; (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED AND/OR (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE OR (ii) FOR ANY DAMAGE, INJURY OR LOSS ARISING OUT OF THE USE OF THE GOODS IF, PRIOR TO SUCH DAMAGE, INJURY OR LOSS, SUCH GOODS (A) HAVE BEEN SUBJECTED TO ABUSE, MISUSE, NEGLECT, NEGLIGENCE, ACCIDENT, IMPROPER TESTING, IMPROPER INSTALLATION, IMPROPER STORAGE, IMPROPER HANDLING, ABNORMAL PHYSICAL STRESS, ABNORMAL ENVIRONMENTAL CONDITIONS OR USE CONTRARY TO ANY INSTRUCTIONS ISSUED BY ThirdEye; (B) HAVE BEEN DISASSEMBLED, REINSTALLED OR DISMANTLED BY A PERSON OTHER THAN ThirdEye OR ITS AUTHORIZED REPRESENTATIVE OR (C) HAVE BEEN USED WITH ANY THIRD PARTY PRODUCT THAT HAS NOT BEEN PREVIOUSLY APPROVED IN WRITING BY ThirdEye.
ThirdEye’S MAXIMUM LIABILITY TO BUYER WITH RESPECT TO PRODUCTS SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR PRODUCTS THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM. THE FOREGOING LIMITATIONS APPLY EVEN IF BUYER’S REMEDIES UNDER THE AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
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. The Product is designed to fit most users and utilizes an english-language interface, but MAY not FIT everyone, so please confirm the sizing AND OTHER information described on our website prior to purchase and use. Buyer acknowledges that the Product has been developed for U.S. standard power wall outlets/sockets standards and Buyer is responsible for purchasing any needed adapters to use Products with Buyer’s power wall outlets/sockets standards. Buyer acknowledges and follows the user guide guidelines provided on the thirdeye website and in this user guide. 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 the Products while they are wet or underwater. Do not wear the Products when unobstructed view is necessary for safety. Buyer assumes all liability for all such property damage or personal injury.
 The Product complies with Part 15 Class B of the Federal Communications Commission (FCC) Rules. Operation is subject to the following two conditions: (I) the equipment may not cause harmful interference; and (II) the equipment must accept any interference received, including interference that may cause undesired operation. There is no guarantee, however, that interference will not occur in a particular installation. If the Product does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: (A) reorient or relocate the receiving antenna; (B) increase the separation between the equipment and receiver; (C) connect the equipment to an outlet on a circuit different from that to which the receiver is connected; AND (D) consult the dealer or an experienced radio or TV technician for help. Modifications not expressly approved by ThirdEye could void the user’s authority to operate the equipment. This device contains lithium-ion batteries, which may explode, catch fire or cause burns if disassembled or exposed to fire or high temperatures. Batteries must be disposed of and recycled safely. If you notice any swelling or deformation of the battery, stop using the device immediately and contact our help desk. The Product solely adheres to the above FCC standard and may or may not adhere to other country harmful interference or electronic standards. It is solely the responsibility of the buyer to research and use or not use the product per their country standards.
ThirdEye alone (and its licensors, where applicable) shall own all right, title and interest, including all related patented and unpatented inventions, patent applications, copyrights, trademarks, trade names, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world (collectively, “Intellectual Property Rights”), in and to the Product and any software, firmware and source or object code contained therein, including to any and all enhancements, suggestions, modifications, extensions and/or derivative works thereof. Nothing herein shall convey to customer any rights of ownership in the Intellectual Property Rights. ThirdEye hereby grants Buyer a limited, non-exclusive license to use the software and firmware contained in the Product solely in connection with Buyer’s use of the Product as permitted hereunder. All data generated by the Product as a result of Buyer’s usage hereunder shall remain the property of ThirdEye and ThirdEye hereby grants Buyer a limited, perpetual, non-exclusive right and license to use such data strictly for purposes of Customer’s own internal use of the Product.
LIMITATIONS ON USE
Buyer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Product in any way without the prior consent of ThirdEye; (ii) modify or make derivative works based upon the Product or any portion thereof; (iii) reverse engineer the Product or any portion thereof; (iv) access the Product in order to build a competitive product or service, or (v) remove or obstruct the ThirdEye name or logo or any other proprietary labels or notices contained on the Product.
Buyer agrees that it will hold in strict confidence and not disclose Confidential Information (as defined below) to any third party and to use the Confidential Information only to fulfill its obligations hereunder. Buyer shall only permit access to the party’s Confidential Information to those of its employees having a legitimate need to know and who have signed confidentiality agreements containing terms at least as restrictive as those contained herein. No other use of the Confidential Information is granted without the written consent of ThirdEye. Buyer shall not use the Confidential Information for purposes of unfair or improper competition or as a basis for or to assist in creating a competing product or service. Buyer agrees to advise ThirdEye in writing of any misappropriation or misuse by any person of the Confidential Information. “Confidential Information” shall mean all non-public information about ThirdEye (or its affiliates’, customers’ or suppliers’) business, activities or products that is proprietary or confidential, which shall include, but not be limited to, all business, financial, technical and other information, trade secrets, patents, patent applications, copyrights, know-how, processes, ideas, inventions (whether patentable or not), formulas, computer programs, software and software code, databases, technical drawings, designs, algorithms, technology, interfaces, materials, any other technical, business, financial, customer and product development plans, customer lists, customer and supplier information, forecasts, strategies and other confidential information, whether disclosed on, before or after the date these Terms were provided to Buyer. Buyer’s confidentiality obligations shall not apply to information which: (i) is in the public domain through no fault of Buyer; (ii) was known to Buyer at the time of disclosure by ThirdEye or becomes known to Buyer without breach of any confidentiality agreement; or (iii) is disclosed pursuant to judicial order, a requirement of a governmental agency or by operation of law, provided that Buyer gives ThirdEye written notice of any such requirement within ten (10) days after learning of any such requirement, and takes all reasonable measures to avoid disclosure under such requirements.
Buyer shall indemnify, defend and hold ThirdEye, its affiliates or any of their shareholders, directors, officers, personnel or agents T harmless from and against any and all losses, damages, liabilities, claims, actions, suits, judgments, costs and/or expenses of whatever kind (including, without limitation, reasonable attorney’s fees), relating to, arising out of or resulting from Buyer’s use of the Products or breach of the Agreement; provided, however, that Buyer shall not be obligated to indemnify, defend or hold ThirdEye harmless with respect to any gross negligence or willful misconduct by ThirdEye.
LIMITATIONS ON ACTIONS
Any action against ThirdEye arising in any way out of THE agreement or the Products must be commenced by Buyer within one (1) year after the earlier of: (i) the date any alleged claim accrues; or (ii) the date of delivery of the Products to Buyer.
Limited Warranty Terms
The following warranty shall apply for twelve (12) months from the date on which title to each Product passes from ThirdEye to Buyer as set forth in the Terms (such period, the “Warranty Period”). Warranty claims submitted after the Warranty Period shall not be subject to warranty contemplated hereunder. The Warranty Period applicable to replaced Products will be thirty (30) days from the date Buyer receives the replacement Product or the remainder of the original Warranty Period, whichever is longer.
Subject in all respects to Section 9 of the Terms, ThirdEye warrants that each Product will be free from material defects in materials and workmanship during the Warranty Period. This Warranty does not cover damage caused by (i) defects in the Products that are the result of improper storage or use by Buyer or its personnel (including, without limitation, (a) operation of the Products outside the environmental, hardware or software parameters defined in the Documentation, and (b) failure to install properly all releases made available by ThirdEye with respect to the Software and all updates recommended by ThirdEye and/or any other manufacturer, as applicable, with respect to any third-party software or hardware products (including but not limited to operating system software) that materially affect the performance of the Product); (ii) defects resulting from other hardware or software (including but not limited to operating systems, servers, networks, and third-party software) not supplied by ThirdEye; (iii) Products that, due to no fault of ThirdEye, have been subjected to any other kind of misuse or detrimental exposure not attributable to ThirdEye; or (iv) Products modified, altered or repaired by any party other than ThirdEye or ThirdEye’s agents in accordance with the instructions provided by ThirdEye or without ThirdEye’s prior written consent. Notwithstanding anything to the contrary herein, ThirdEye does not warrant the uninterrupted or error free use of the Products or that the Products will operate with any hardware or software not specified in the specifications available on ThirdEye’s website or third-party equipment, hardware or software. This limited warranty is provided only to the original purchaser of the Product that was purchased from an authorized Buyer or sales channel and manufactured by or for ThirdEye that can be identified by an authorized “ThirdEye” trademark, trade name, or logo affixed to it. Without limiting the foregoing, this warranty does not apply to any (A) ThirdEye products and services other than the Products (including products with the “Made for ThirdEye” or “Works with ThirdEye” logos or non- authorized accessories), (B) non-ThirdEye products, even if included or sold with a Product, including, without limitation, any counterfeit products, (C) products that are, or ThirdEye reasonably believes to be, stolen, (D) consumables (such as batteries), or (E) software, even if packaged or sold with the Product or embedded in the Product.
Waiver of Warranty Claim
EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, THIRDEYE MAKES NO ADDITIONAL WARRANTY, EXPRESS OR IMPLIED, AND THIRDEYE DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE
Replacement as Sole Remedy
Replacement Product; Shipping and Payment Responsibilities. Replacement of a defective Product (each a “Replacement Product”) is Buyer’s sole remedy for any breach of this Warranty. Immediately upon Buyer’s submission of a Warranty claim, Buyer shall cause all Product subject to such Warranty claim (each a “Claimed Defective Product”) to be returned to ThirdEye at Buyer’s sole expense. In order to complete a return of a Claimed Defective Product, contact email@example.com to receive a return authorization number and mailing information. Once you have verified your return details, print the return label sent to you and any required hazmat labels. If you’re shipping multiple boxes, print labels for each box. Upon receipt by ThirdEye, a ThirdEye support representative will check your package and match it with your return authorization number. ThirdEye shall have, in its sole discretion, thirty (30) business days after receipt of the Claimed Defective Product to accept or reject such Warranty claim and ship the Replacement Product. ThirdEye and Buyer agree that ThirdEye will ship any and all Replacement Products to Buyer under the same terms and subject to the same conditions as otherwise set forth in the Terms including, without limitation, Section 5 thereof.
No Repair By Buyer
Buyer is not authorized to attempt to repair any part of any Product. Any attempt by Buyer to repair any part of any Product will void this warranty and release ThirdEye from any and all of its obligations under this warranty.
Conformance of Warranty to Law
This warranty gives Buyer specific legal rights. Buyer may have other rights which vary between jurisdictions. To the extent that provisions of this warranty are inconsistent with the laws of any jurisdiction, such provisions shall be deemed modified to be consistent with such laws. Any such modification of this warranty shall be limited to only as much modification as is necessary to comply with the laws of any such jurisdiction.