User Guide
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All sales of goods by ThirdEye Gen, Inc. (“ThirdEye”, “we” or “us”). to you (“Buyer”
or “You”) are made pursuant to these terms and conditions (these “Terms”, and together
with the “Website Terms of Use” set forth at https://www.thirdeyegen.com/ (as may
be updated from time to time), collectively, the “Agreement”), which terms shall
supersede any and all terms that might appear on any purchase order, order form or
other documentation supplied by Buyer. No other or additional terms or conditions are
or will be accepted and are expressly rejected. Any variations made to the terms and
conditions set forth herein by Buyer are void and of no effect. “Hardware” means the
ThirdEye MR Glasses & accessories (excluding Software). “Software” means any
software, library, utility, tool, or other computer or program code, in object (binary)
form embedded in or pre-installed on the Hardware, including any updates made
available to you by ThirdEye. “Documentation” means the Product related media,
printed materials, online and electronic documentation provided by ThirdEye,
including copies. “Products” means Hardware, Software, and Documentation
collectively. The Products are solely for your internal use and not for resale unless you
are an Approved ThirdEye Partner. The Products are intended for professional use and
are not marketed or promoted for consumer, non-professional, or leisure use. These
Terms are the only agreement between ThirdEye and You regarding your use of the
Products and they supersede any other terms, agreements, or documents.
1. OFFER; ACCEPTANCE. 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.
2. REFUNDS/RETURNS. All sales are final and non-refundable except for what is
covered under the Warranty section. ThirdEye products purchased through other
agents/retailers/ThirdEye Partners must be returned in accordance with their
policies.
3. TERMS OF PAYMENT. Unless otherwise expressly agreed to in writing by
ThirdEye, if the 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 the 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.