As the "Technology Evangelist" I salivate every time I read about Google Glass… and it's even worse for me every time I *see* the device.
Well, as mentioned here recently, the first units are now shipping to developers. Usually when things like this first ship, there are either rumors or at least speculation that some people will be selling theirs via online sites.
To keep Glass firmly in the hands of the developers who ordered them, Google has put forth a pretty rigid TOS (Terms of Sale) for the device. Just for fun, I went to the Glass website to copy and paste the TOS here. Even if we can't have one yet, we can dream...
Glass Terms of Sale
These are the Terms of Sale ("Terms") that apply between you and Google Inc., a Delaware corporation whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (referred to as "Google" or "we"), when you purchase Glass devices or accessories from Google ("Device"). For some Devices, additional terms will be included in a Device specific addendum included at the bottom of these Terms ("Device Specific Addendum") and these will form part of the Terms for that Device. If there is a conflict between the Device Specific Addendum and the remainder of the Terms, the terms in the Device Specific Addendum will apply for that conflict.
Please read the Terms carefully. By ordering or purchasing a Device you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not place an order or purchase a Device, or if you already have a Device, return the Device in accordance with its return policy.
Google Services
When you use a Glass device or any Google software or services through your Device, your use is subject to the applicable terms and conditions for those services, including theGoogle Terms of Service. (For example, your use of any Glass software or services that use Google Maps is also subject to the Google Maps/Earth Additional Terms of Service andLegal Notices, and your use of any navigation features is subject to the following navigation disclaimer: Please keep your eyes on the road and obey applicable laws. Do not manipulate this application while in motion. Directions may be inaccurate, incomplete, dangerous, not suitable, or prohibited. Data is not real-time, and location accuracy cannot be guaranteed).
Use of certain Device features may require that you open a Google account. Note some Google services and content may vary by region. In the event of any conflict between the Google Terms of Service and these Terms (or the applicable Device Specific Addendum), these Terms (and the applicable Device Specific Addendum) will apply for that conflict.
Google Wallet
To place an order, you must have a Google Wallet account. You may also need to maintain a Google Wallet account to receive after sales support. A Google Wallet account is free and if you do not have one you will be directed to Google Wallet before you can checkout. Your use of Google Wallet is subject to the Google Wallet Terms of Service. If you do not agree to the Google Wallet Terms of Service you should not submit an order.
Privacy
Please refer to our Google Privacy Policy and the Google Wallet Privacy Policy for more information on how Google collects, uses and shares the information we receive from you.
You agree that in order to process your order and to protect you and Google from fraudulent transactions, Google may provide your order information to reputable third parties to perform address verifications and make deliveries.
Support
While your Device may be manufactured by a third party, Google will provide initial support for questions relating to:
Existing orders
Returns
Defective Devices
General technical support for the Device
For assistance, please contact Glass Support.
Ordering and Payment
When you place an order, you permit Google to charge the credit card, debit card or other payment method in the total amount of your order (including any shipping and handling charges and taxes).
Google reserves the right to reject your order. For example, Google may reject your order if you do not live in a country where a delivery can be made or you order more than the permitted maximum number of Devices.
When your order is accepted by Google, we will send you an email which will include details of your order and an order number that you should refer to if you have any follow up queries.
Delivery
We may not be able to deliver to all locations. Please consult our Shipping and Delivery Page for locations to which your Device can be delivered. Google may, at its discretion, decline to ship Devices to certain addresses. If Google chooses not to ship a Device, we will send you notice and you will not be charged for your order. If a charge has already been made for items that are not shipped, that charge will be reversed through your Google Wallet account using your initial payment method.
If a Device cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the Device will be returned to Google. In that case you will not be charged for the Device (or charges already incurred will be reversed using the initial payment method in your Google Wallet account), but you may be charged for shipping and handling (and such charges will not be reversed). If a Device is not successfully delivered for any other reason you will not be charged at all and all charges will be reversed.
If you do not receive your Device, please contact Glass Support.
Any delivery dates or times provided by Google (or a delivery agent) are estimates only and are not guaranteed.
Prices and Taxes
The Device price displayed on the site does not include any shipping and handling charges. Information about shipping and handling charges can be found here and will also be presented at checkout.
All applicable taxes will be presented at checkout, even if they are not displayed on the product page. All prices displayed on the Devices on the Glass website are subject to change at any time without notice.
Pricing Mistakes
We try very hard to make sure there are no mistakes in the prices that appear on the site. In the unlikely event that a mistake happens you agree that Google will not be bound by that incorrect price, unless your credit card, debit card or other payment method in your Google Wallet account has already been charged. If a mistake is discovered and you haven't been charged yet, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.
Restrictions
You may not order more than the maximum number of Devices that we specify from time to time. For example, the Glass website or the Device Specific Addendum may contain a maximum order limit for a particular Device. The Device may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply to your use of the Device. These laws may include restrictions on destinations, users, and end use. You may only use the Device in accordance with the instructions that come with it, including instructions that may be available on line.
Resale and Gifts
You may not commercially resell any Device, but you may give the Device as a gift, unless otherwise set forth in the Device Specific Addendum. Recipients of gifts may need to open and maintain a Google Wallet account in order to receive support from Google. These Terms will also apply to any gift recipient.
Return Policy
If for any reason you do not wish to keep your Device, you have up to 30 days from the date the Device is delivered to you to cancel your purchase of the Device and your contract with Google. If you exercise your right of cancellation and the Device has been delivered to you, you are responsible for returning the Device as soon as possible and at your own cost. To initiate a return please contact Glass Support and obtain a return authorization. For some returns Google may charge you a restocking fee. Please review the restocking policies posted here to determine whether such fees apply to you. Upon Google's receipt of the returned Device, Google will issue a refund in your Google Wallet account using your initial payment method minus any applicable shipping and handling and restocking fees.
You must take reasonable care of the items that you wish to return, and we request that you return the Device with its original packaging and any accessories. Upon Google's receipt of the returned Device, Google will issue a refund in your Google Wallet account for the amount paid for the Device, less any shipping and handling charges, within a reasonable time. If you decide to cancel the purchase of the relevant Device as set out in this paragraph and if you fail to return the Device in accordance with these Terms, you may be charged a sum for our direct cost of recovering that Device, and we may deduct that sum from your refund.
Defects
During the warranty period described in the Device Specific Addendum, if the Device is or becomes defective through no fault of your own, please contact Glass Support. Subject to the Device warranty, Google, in its sole discretion, may offer a replacement Device or may refer you to the applicable manufacturer of the Device for warranty support. If Google chooses to provide you with a replacement Device, you agree that Google may exchange the defective Device with either a new or refurbished Device. If you do not return the defective Device within 21 days from the date the replacement Device is delivered to you, you authorize Google to charge your Google Wallet account for the replacement Device, not to exceed the amount paid for the original Device.
Data and Deactivation
You are responsible for managing any data stored on your Device, including for example deleting, transferring and creating backups of such data.
If you tell Google that you have not received your Device, the Device is defective, or it has been lost or stolen, Google may deactivate that Device. Deactivation does not automatically delete personal data stored on your Device and we recommend that you backup your data periodically.
Non-Google Branded Accessories
Accessories sold through the Devices on the Glass website which do not bear the Google brand name may be serviced and supported by their manufacturers. If you discover what you believe is a defect with your accessory, please contact the manufacturer directly.
Warranties; Disclaimer of Warranties
OTHER THAN THE WARRANTIES REFERRED TO IN THE DEVICE SPECIFIC ADDENDUM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND THE DEVICE MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, "GOOGLE PARTIES") WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A GOOGLE PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GOOGLE PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO GOOGLE UNDER THESE TERMS.
Governing Law and Jurisdiction
The courts in some countries will not apply California law to consumers in those countries, or some types of terms and disputes. If you reside in one of those countries, then where California law is excluded from applying, your country's laws will apply to these terms and any disputes related to them terms. Otherwise, you agree that the laws of California, U.S.A., excluding California's choice of law rules, will apply to these Terms and any disputes arising out of or relating to them. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts. Notwithstanding this, Google reserves the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Changes to the Terms
The Terms in effect at the time you place an order for a Device will apply to such order and Device. Google reserves the right to make changes to these Terms or the applicable Device Specific Addendum from time to time, and any such changes will take effect immediately, except that changes with respect to your rights and obligations relating to payments, pick-up or delivery, returns, product warranty, and refunds will only apply to future orders. You may view the current version of the Terms on the Glass website.
Events Beyond Reasonable Control
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
No Waiver
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
Severability
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Device Specific Addendum
Glass Explorer Edition
This Device Specific Addendum only applies if you purchase a Glass Explorer Edition Device.
You must be 18 years or older, a resident of the United States, and authorized by Google as part of the Glass Explorer program in order to purchase or use Glass Explorer Edition. Unless otherwise authorized by Google, you may only purchase one Device, and you may not resell, loan, transfer, or give your Device to any other person. If you resell, loan, transfer, or give your device to any other person without Google’s authorization, Google reserves the right to deactivate the Device, and neither you nor the unauthorized person using the Device will be entitled to any refund, product support, or product warranty.
Payment and Delivery
Google may in its sole discretion allow you to order a Device using a payment method other than Google Wallet. If you use a Google-approved payment method other than Google Wallet to place your order, you permit Google to charge the credit card, debit card or other payment method in the total amount of your order (including applicable tax). If Google determines that you are not eligible to purchase a Device or chooses or is unable to make a Device available to you, and you have already been charged, you will receive a full refund. You may cancel your order for a full refund by contacting Glass Support at any time between Google’s acceptance of your order and delivery or pick-up of the Device. Any refunds, reversal of charges, or additional charges or fees (for example, if you cancel your order or return Glass Explorer Edition) will be processed using your initial payment method.
If Google accepts your order, you will be required to pick up the Device in person, on a date and at a U.S. location specified by Google, unless otherwise agreed by Google. If you do not appear in person to pick up your Device in person, or in the event of the failure of any agreed-upon delivery arrangements, Google may contact you to make alternate arrangements or issue a refund to your initial payment method.
For the Glass Explorer Edition Device, Google will not charge you for shipping and handling or restocking fees of your Device for initial delivery of your Device, if you cancel your order or return your Device during the 30 day return period, or in the case of unsuccessful pickup or delivery. Google reserves the right to charge for shipping and handling for warranty service.
Privacy and Additional Legal Terms
You acknowledge and agree that Google will determine and use your location, that photos and videos taken on your Device will be added to your Google+ Instant Upload album, and that your Device will display information sent to devices that are synced with it (such as text messages). Please refer to our Google Privacy Policy for more information on how Google collects, uses and shares the information we receive from you.
Beta Product
Glass is in beta, and your testing and feedback are an important part of the Explorer program. By participating, you acknowledge that implementation of some Glass features and services are still under development and that you should not rely on the Device, software, or Glass services having the full functionality of a consumer release.
Software and Services
You may only use your consumer Google account on Glass, unless otherwise authorized by Google. You may be able to enable Glass services on the Device through the MyGlass interface. These Glass services may be developed by Google or third parties, and may have the ability to read and modify your private data.
From time to time, Glass may check with remote servers (hosted by Google or by third parties) for available updates to both the Glass software and any Glass services you have enabled, including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
From time to time, Google may discover a Glass service that violates Google developer terms or other legal agreements, laws, regulations or policies. Glass will periodically download a list of such Glass services from Google’s servers. You agree that Google may remotely disable or remove any such Glass service from user systems in its sole discretion.
Your use of any Glass services provided by Google, unless otherwise indicated, is subject to the terms of service at http://www.google.com/accounts/TOS. Your use of any Glass services provided by a third party may be subject to terms provided to you by the third party.
If you install or enable any software or services on the Device through any means other than the MyGlass interface or otherwise authorized by Google, or make unauthorized alterations to the Glass software or Glass services: (i) you will no longer be eligible to receive any customer or technical support from Google for your Device, and (ii) the limited product warranty is void and no longer applies to your Device.
Limited Product Warranty
This limited warranty is provided by Google Inc. for the Glass Explorer Edition Device, and is only valid and enforceable in countries where the Device is sold through Google-approved sales channels.
This limited warranty applies only to hardware components and Google does not provide any warranty for damage caused by normal wear and tear, accidents, misuse (including failure to follow product documentation and plugging the device or other included parts into the wrong type of port), neglect, disassembly, alterations and external causes such as but not limited to extreme thermal or environmental conditions (including but not limited to moisture and heavy dust), installation or enabling of unauthorized software or services, unauthorized alterations to the Glass software or Glass services, unauthorized resale, transfer, loan, or gift, or commercial use. This limited warranty does not guarantee that used of the Device will be uninterrupted or error free.
EXCLUSIVE REMEDY: We warrant the Device against defects in materials and workmanship under ordinary consumer use for one year from the date of original retail purchase. During this warranty period, if a defect arises in the Device, and you follow the instructions for returning the Device, we will, at our option, either (i) repair the Device using new or refurbished parts, (ii) replace the Device with a new or refurbished Device, or (iii) refund the purchase price of the Device. This limited warranty applies to any repair, replacement part or replacement Device for the remainder of the original warranty period or for ninety days, whichever is longer. All replaced parts and Devices for which a refund is given will become our property.
Please contact Glass Support for specific instructions about how to obtain warranty service for your Device. In order to qualify for the remedy above, you must provide your name, contact information, and the serial number of your Device. In certain situations, you may also be required to provide a purchase receipt. Before you deliver your Device for warranty service, it is your responsibility to backup any data, software, or other materials you may have on your Device, and to factory reset your Device before delivering it. We will not be responsible for any data, software, or materials that are lost or reformatted.
THE LIMITED WARRANTY WRITTEN ABOVE IS THE ONLY EXPRESS WARRANTY GOOGLE PROVIDES FOR THE DEVICE, AND THE ABOVE REMEDY IS YOUR SOLE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, REGARDING THE DEVICE, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE ONE-YEAR PERIOD OF THE EXPRESS WARRANTY ABOVE.
Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “GOOGLE PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A GOOGLE PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GOOGLE PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THIS LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID GOOGLE FOR THE DEVICE.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No employee or representative of Google or its affiliates or any third party is authorized to make any modification, extension or addition to this limited warranty. If any term of this limited warranty is held to be illegal or unenforceable, the remaining terms of this limited warranty will remain in full force and effect.
This limited warranty gives you specific legal rights, and you also may have other rights which vary from State to State.
Other Information
Glass Explorer Edition has built-in Wi-Fi and Bluetooth. You are solely responsible for obtaining internet connectivity through an internet service provider and an 802.11a/b/g/n access point Wi-Fi router, and for obtaining a mobile device and service plan that is Bluetooth compatible.
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