Unless specifically agreed to in writing by a duly authorized representative of Setex Technologies, Setex Technologies products have not been tested or otherwise certified by Setex Technologies as fit for use, and are not meant to be foolproof or fault-tolerant, in applications (e.g., nuclear, aerospace, mobile vehicles, medical devices or equipment, weapons systems) in which the failure of the products could lead directly or indirectly to death, bodily injury, or severe property or environmental damage (High Risk Applications). But whatever the reason or motivation, it is one of the most popular and fundamental accessories in our daily lives. Please review our Privacy Notice, which also governs your use of our Online Services, to understand our practices. The application of the Convention on Contracts for the International Sale of Goods (CISG) is hereby excluded. Our anti-slip pads mimic gecko's fibrillar microstructures to provide a natural, unprecedented grip. Setex Technologies shall not be liable if any authorization of any government is delayed, denied, revoked, restricted, not renewed, or later withdrawn, and Customer shall not be relieved thereby of its obligations to pay Setex Technologies for products or any other charges which are the obligation of Customer hereunder. Notwithstanding anything to the contrary, all dies, tools, models, plans, drawings, or other documents, devices, or equipment developed, used, or procured by Setex Technologies (Tools) in order to produce Setex Technologies products are and shall remain our exclusive property, even if the cost of development, procurement, and/or use of such Tools was wholly or partially borne by Customer and notwithstanding any charges relating to Tools reflected on our invoice. You and Setex Technologies also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. By entering a company name in your shipping or billing address, you represent that (i) the company is an Eligible Entity, (ii) you are a Business Customer; (iii) the individual acting on behalf of Business Customer has the authority to bind Business Customer, and (iv) Business Customer has all requisite right, power, and authority to enter into, perform its obligations under, and grant the rights and authorizations in the Agreement. Now also available for kids. Customer agrees, in advance of creating any Derivative Works, to negotiate in good faith with Setex Technologies to establish the terms of a joint development or commercial license agreement governing such Derivative Works (each a License). In addition, the invalid, illegal or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in this Agreement, such modification being made to the minimum extent necessary to render the provision valid, legal and enforceable. 13.4 We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 15.5In the event of a violation or threatened violation of Setex Technologies proprietary rights, Setex Technologies shall have the right, in addition to such other remedies as may be available pursuant to law or this Agreement, to temporary or permanent injunctive relief enjoining such act or threatened act. 15.12 Entire Agreement. This Agreement is the final and complete agreement between Setex Technologies and Customer with respect to the subject matter hereof. No general terms and conditions of Business Customer shall at any time form a part of the content of any contract or agreement between Business Customer and Setex Technologies, even if they are not further expressly rejected by Setex Technologies. 10.2 LIMITATION OF LIABILITY PER OCCURRENCE. Welcome to setexgrip.com. 15.4If any provision contained in this Agreement is held by a competent tribunal to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of this Agreement, and the remainder of this Agreement shall be enforced. Subject to your compliance with the terms and conditions of this Agreement, and your payment of any applicable fees, Setex Technologies or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non- commercial use of our Online Services. When you use our Online Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. FOR THE PURPOSES OF THISSECTION 10.2, OCCURRENCEINCLUDES WITHOUT LIMITATION, CONTINUOUS OR REPEATED EXPOSURE TO SUBSTANTIALLY THE SAME GENERAL HARMFUL CONDITIONS. 11. 8.4All right, title and interest in the intellectual property rights in our products, including Technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, and any derivative works thereof, shall belong solely and exclusively to Setex Technologies or its licensors, and Customer shall have no rights whatsoever in any of the foregoing other than the rights set forth in this Agreement. Or color it up with blue or red to complement or contrast your eyewear. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY HEREIN SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 2.1 License and Permitted Use. Notwithstanding anything to the contrary, Setex Technologies is permitted to transfer, sell, pledge, or grant a security interest in any receivables arising under this Agreement. No rejection of non-conforming products by Customer is effective if Customer fails to notify Setex Technologies in writing of such rejection within ten (10) business days following receipt of the products by Customer. For purposes of this section, the term writing shall also include email communication between Customer and Setex Technologies. 7.2 International Standards and Regulations. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. Technology means all know-how, information, ideas, inventions, modifications, prototypes, tools, other tangible embodiments, and works of authorship, including without limitation, specifications, drawings, software, databases, compilations, schematics, documentation, and presentations. 9.2 SETEX TECHNOLOGIES MAKES NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) THAT PRODUCTS OFFERED FOR SALE BY SETEX TECHNOLOGIES COMPLY WITH ANY LAWS, STANDARDS, CODES, OR REGULATIONS GOVERNING THEIR PURCHASE, USE, HANDLING, STORAGE, TRANSPORTATION, DISPOSAL, EXPORT OR IMPORT IN ANY JURISDICTION OUTSIDE OF THE UNITED STATES. We may also send you notices at the address you provided for billing purposes, which you agree is a proper and valid address for any legal or contractual purpose. Setex Technologies shall have the right without any requirement to obtain Customers consent hereunder, to assign this Agreement to a subsidiary or affiliate, or a successor by merger, acquisition or consolidation, or to an acquirer of all or substantially all of the assets of Setex Technologies, its subsidiary or affiliate. Unless and until Customer and Setex Technologies have entered into such a License, Customer will not undertake the development of any Derivative Works. 15.6Our failure to enforce your strict performance of any provisions of this Agreement will not constitute a waiver of our right to enforce such provisions or any other provision of this Agreement subsequently. 15.8 Assignment. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. There is no guarantee that any candidate will be accepted, and we make no commitment to respond promptly (or at all) to any inquiry. All sales of our products are final. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. 3.4No oral communications concerning the terms of any order, including telephone communication, shall have any force and effect unless and until acknowledged by Setex Technologies in writing. Customer agrees that Setex Technologies will not be liable for any claims or damages arising from the use of the products in any High Risk Applications and Customer shall indemnify Setex Technologies from any third-party claims arising out of or related to Customers employment of products in any High Risk Applications. Setex Technologies has ongoing research and development programs to design, prototype and evaluate different materials to meet the specifications of applications in diverse sectors. Moving around freely, running, kneeling, cooking, working out without worrying about your eyewear slipping down the bridge of your nose makes your life that much easier, as it lets you stay in control at all times. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Setex Technologies without our prior written consent. Customer assumes all responsibility for compliance with all applicable laws, standards, and regulations in any Export Market in which the products are imported by Customer, delivered by Customer, or used by Customer. Business Customers have no right to return any products to Setex Technologies without our prior written approval in each case. Customer has no right to return any products to Setex Technologies without Setex Technologies prior written approval in each case. 6.3Customer shall inspect the products immediately upon receipt by Customer. All rights not expressly granted to you in these terms and conditions are reserved and retained by Setex Technologies or its licensors, suppliers, publishers, rightsholders, or other content providers. 2.2 Use of Third-Party Services. 15.2All notices or other communications to Setex Technologies must be in English and in writing. If you are a Consumer Customer, you represent and warrant that your purchase of our products is (i) for personal, family, or household use, (ii) for your own account, and not for the account or benefit of any business, and (iii) not for, or with a view to, commercial resale, distribution or other commercial disposition thereof. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR THE PRODUCTS, INCLUDING CONTRACT, TORT, BREACH OF DUTY, AND ALL OTHER CLAIMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND EXCEPT FOR ANY DAMAGES ARISING OUT OF SETEX TECHNOLOGIES GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE MAXIMUM AGGREGATE LIABILITY OF SETEX TECHNOLOGIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PRODUCTS, OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL IN NO EVENT EXCEED PER OCCURRENCE THE ACTUAL AMOUNT PAID TO SETEX TECHNOLOGIES BY CUSTOMER FOR THE PRODUCT OR SERVICE (AS THE CASE MAY BE) GIVING RISE TO THE LIABILITY. Customer agrees not to: (i) reverse engineer our products; (ii) attempt to derive the production method(s) of our products; or (iii) use our products to acquire any intellectual property rights or file any patent applications based on our products without Setex Technologies prior written consent in each case. 12. We do not serve as the importer of products into any country outside the United States. If you are interested in exploring product development opportunities with us, please contact us at info@setextechnologies.com. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND EXCEPT AS PROHIBITED BY LAW, SETEX TECHNOLOGIES MAKES NO REPRESENTATIONS AND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND SETEX TECHNOLOGIES SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON- INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES WITH RESPECT TO THE PRODUCTS OR SERVICES (IF ANY) SUPPLIED HEREUNDER. Please click Accept Cookies to continue to use the site. Customer represents and warrants that Customer is not a citizen or resident of, or otherwise located within, or an entity organized under the laws of, or otherwise located within, any nation embargoed by the United States, and that Customer is not acting as an agent or representative of any person who is located within or of any entity organized under the laws of, or otherwise located within, any nation embargoed by the United States, and that Customer is not otherwise prohibited under the Export Laws from receiving any of our products. In order to achieve a consistent standard and quality of service, we operate a selective distribution system, meaning that we prefer to work with approved distributors who have agreed to our specific standards. 8.7 Suggestions. After the carrier receives your item, it can take up to two weeks for us to receive and process your return. Ultra-thin, 0.6mm gives you a seamless feel. Whether youre enjoying a book, taking a stroll in the park or working out, Setex nose pads keep your eyeglasses seamlessly in place. 1.1 Our Online Services. Firm grip while running, biking or working out. If you are acting as a purchasing agent for a business, you represent and warrant that the business for which you are acting is legally bound by all the terms and conditions of this Agreement in the same manner and to the same extent as you are. Because standards and regulations vary significantly from country to country, Setex Technologies does not represent or warrant that our products meet any applicable requirements in any jurisdiction outside the United States (each an Export Market). No right, express or implied, is granted by this Agreement to Customer to use in any manner the name or any other trade name or trademark of Setex Technologies. Business Customer will defend, indemnify, and hold harmless Setex Technologies and its affiliates, and their respective directors, officers, employees, representatives, contractors, and agents, from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys' fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a "Claim") to the extent such Claim is based on: (a) any breach of the Agreement, (b) any unlawful, improper or negligent use by anyone of any product sold or service provided to you under the Agreement, (c) any dispute between you and any third party, or (d) your gross negligence or willful misconduct. Business Customer disputes are governed bySection 14. Any Technology developed by Setex Technologies, whether or not requested and/or paid for by Customer, and whether or not developed in conjunction with Customers employees or agents, is the exclusive property of Setex Technologies.
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