Glass Explorer Edition Terms of Sale

Last modified: March 1, 2017 (view archived versions)

These Glass Explorer Edition Terms of Sale and any other terms referred to in these terms ("Terms"), 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 order or purchase Glass Explorer Edition devices and/or accessories ("Device") from the Glass website (“Glass site”) or from a Google representative.

Please carefully read these Terms. 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. To place an order or purchase, you must be 18 years or older.

Google Services

When you use any Google services through your Device, your use is subject to the applicable terms and conditions for those services, including the Google Terms of Service and the Glass Terms of Use. Use of certain Device features may require that you open a Google account.

Google Wallet

To place an order or purchase, you may need a Google Wallet account. You may also need to maintain a Google Wallet account to return or replace your Device or to receive any support offered by Google. A Google Wallet account is free and if you do not have one you may be directed to Google Wallet before you can check out. 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, do not use Google Wallet to place an order or purchase.

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 consent that in order to process your order or purchase and to protect you and Google from fraudulent transactions, Google may provide your order or purchase information to reputable third parties to perform address verifications and to assist in fulfilling or delivering your order or purchase.

Support

Please refer to Glass Support to learn more about any support offered by Google in connection with your Device.

Ordering, Purchasing, and Payment

Google may in its sole discretion allow you to order or purchase a Device using a payment method other than Google Wallet. When you purchase or place an order for a Device, you permit Google to charge the credit card, debit card or other payment method you have chosen for your purchase in the total amount of your purchase or order (including any applicable shipping charges and taxes).

Google reserves the right to reject your order or purchase. For example, Google may reject your order or purchase if you do not live in a country from which Devices may be purchased via the Glass site or in person from a Google representative or if you order or purchase more than the permitted maximum number of Devices. If Google rejects your order or purchase and you have already been charged, you will receive a full refund.

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.

Prices and Taxes

The Device price displayed on the Glass site does not include any shipping charges. 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.

Applicable taxes will usually be presented at checkout or on the Device description page; however, in some circumstances we may notify you that you are responsible for determining whether certain taxes apply.

All prices displayed on the Glass site or in person by a Google representative are subject to change at any time without notice.

Should Google reduce its price on any Device within 30 days from the date you order it, you must contact Glass Support within 30 days of the price change to request a refund or credit for the difference between the price you were charged and the reduced price.

Google may also provide promotional offers or prices related to the sale of Devices. If so, any terms applicable to such promotional offers or prices will control in the event of a conflict with these Terms.

Delivery

We may not be able to deliver to all locations. If Google does not ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order.

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 your initial payment method), but you may be charged for shipping (and such charges will not be reversed). If a Device is not successfully delivered because we made a mistake, 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.

Pricing Mistakes

We try very hard to make sure there are no mistakes in the prices that appear on the Glass 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 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.

Order and Purchase Limits

You may not order or purchase more than the maximum number of Devices that we specify from time to time. For example, the Glass site may contain a maximum order limit for a particular Device.

Import and Export

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 in connection with the Device. These laws may include restrictions on destinations, users, and end use.

Use of the Device

Please carefully read any instructions that come with the Device, including instructions that may be available online. In order to make use of any enhanced functionality of your Device, you may have to sign in to your Google account or open a Google account if you do not yet have one. Further, you agree to comply with any software license agreements applicable to your use of software on the Device. Google may also provide software updates/upgrades that you will need to install in order to make the best possible use of the functionality of your Device and/or Google services on your Device. Use of that software may be subject to additional licensing terms.

Resale and Gifts

You may only purchase Devices for your personal use. You may not commercially resell any Device, but you may give the Device as a gift. Recipients of gifts may need to open and maintain a Google Wallet account in order to receive any support offered by Google. These Terms apply to any gift recipient.

Device Technical Specifications

Battery life for your Device, as described in any Device description page, will depend on device settings, usage, and many other factors. Battery tests are conducted using specific Device units; actual results may vary. Devices with storage capacity may be preformatted with operating system software and other files. As a result, actual formatted capacity will be less than the memory listed in any Device description page on the Glass site.

Return Policy

If for any reason you don’t want to keep your device, you have 30 calendar days to return a device from the date you received it. To initiate a return please contact Glass Support and obtain a Return Merchandise Authorization form. The device and accessories must be returned to Google in its original packaging according to the instructions provided in the Return Merchandise Authorization (RMA) form. Google will issue a refund using your initial payment method for the amount paid for the device, less any shipping and handling charges, within a reasonable time after Google receives the Device.

Data and Deactivation

You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to cancel your order and return the Device, or if you have to send a Device to Google for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Google. Google will not be responsible for any use or disclosure of any data that resides on a Device.

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 or other data stored on your Device. We strongly recommend that you back up your data periodically.

Defects; Warranties; Disclaimer of Warranties

If the Device is or becomes defective through no fault of your own, you may be entitled to a refund, replacement, or repair of your Device. Please always refer to the manufacturer warranty, as described below.

If you have a defective Device, please contact Glass Support. If the Device is manufactured by a third party, Google may refer you to the applicable manufacturer of the Device for support with Device defects. If Google provides you with a replacement Device, you agree that Google may exchange the defective Device with either a new or refurbished Device. If Google provides you with a replacement Device before we receive your defective Device, and 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 initial payment method for the replacement Device, not to exceed the amount paid for the original Device. Nothing in this section affects your legal rights under applicable laws. Unless otherwise required under applicable laws, Google may only provide warranty support for Devices manufactured by Google that are located in a supported country.

Limited Product Warranty

This limited warranty is provided by Google Inc. for the Glass Explorer Edition Device and Glass accessories distributed by Google, 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, lease, rental, or commercial use. This limited warranty does not guarantee that use 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. 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.

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 THAN THE WARRANTIES REFERRED TO IN THIS SECTION, 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, INCLUDING SUPPLIERS (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 THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO GOOGLE UNDER THESE TERMS.

Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Device Features Outside of Google’s Control

You acknowledge that unless specifically provided in any Device description page, no Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier”) or other Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a cellular data plan, the Device may be configured to work with a certain cellular network technology. Check with your Wireless Carrier for compatibility and mobile data plan availability.

If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to an 802.11a/b/g/n WiFi access point.

You agree that, unless specifically provided in any Device description page, Google has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that Google does not control.

You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and Google makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.

Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).

Governing Law and Jurisdiction

The laws of California, U.S.A. apply to these Terms, excluding California’s choice of law rules, and will apply to any disputes arising out of or relating to these Terms. Claims arising out of or relating to these Terms will be subject to the exclusive jurisdiction and venue of the courts in Santa Clara County, California, U.S.A.

Changes to the Terms

The Terms in effect at the time you purchase or place an order for the Device will apply to such purchase or order and Device. Google reserves the right to make changes to these Terms from time to time, and any such changes will apply to future purchases or orders.

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.

March 1, 2017