This Term of Services Agreement ("TOS") is a legal agreement between You and CrystalEyes RXTM ("CrystalEyes"), a Texas Corporation. By using our services, you agree to be bound by the TOS.

Article 1. DESCRIPTION OF SERVICE

CrystalEyes provides users with information regarding Computer Vision Syndrome, doctors of optometry who are licensed by U.S. state optometry boards to prescribe CrystalEyes' Lenses, studies, and information on the CrystalEyes' Lenses (the "Service").

Article 2. GRANT OF LICENSE

Subject to your agreement to the terms and conditions set forth in this Agreement, CrystalEyes grants to You a personal, non-exclusive and non-transferable license, with no right to grant sublicenses, ("License") to use the Content (See Article 3 below) of the Service for Your own personal and non-commercial use and to not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any Content.

Article 3. CONTENT.

THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE. The contents of CrystalEyesRX.com, such as text, graphics, images, information obtained from licensors, and other material contained on the CrystalEyesRX.com ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, optometrist, or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on CrystalEyesRX.com.

Article 4. MODIFICATION

When using the Services, additional guidelines may be periodically posted, which are hereby incorporated by reference into this TOS. Additionally, this TOS will be routinely revised. Your continued use of CrystalEyes and its services after such postings and revisions to this TOS shall constitute your acceptance of any new or modified terms and conditions.

Article 5. INDEMNITY

You agree to defend, indemnify, and hold CrystalEyes, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, lawsuits, actions or demands, liabilities and settlements including, without limitation, reasonable legal, and accounting fees resulting from, or alleged to result from, your violation of this TOS.

Article 6. EXCLUSION OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL CONTENT OR SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY, TERM, OR CONDITION OF ANY KIND. CRYSTALEYES EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY CRYSTALEYES SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE CONTENT, SERVICE, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, TERMS OR CONDITIONS IN CERTAIN INSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS ARTICLE WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY MANDATES LIABILITY, DESPITE THE FOREGOING DISCLAIMER, EXCLUSION AND LIMITATION.

Article 7. LIMITATION OF LIABILITY

CRYSTALEYES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS TOS (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER'S TIME), EVEN IF CRYSTALEYES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF CRYSTALEYES UNDER THE PROVISIONS OF THIS TOS SHALL BE LIMITED TO FIFTY US DOLLARS (US $50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN INSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS ARTICLE WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY DESPITE THE FOREGOING DISCLAIMER, EXCLUSION AND LIMITATION.

Article 8. GOVERNING LAW AND AGREEMENT TO JURISDICTION AND VENUE

THE VALIDITY, INTERPRETATION AND LEGAL EFFECT OF THIS TOS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS APPLICABLE TO CONTRACTS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF TEXAS (WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES UNDER TEXAS LAW). THE TEXAS COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THIS AGREEMENT. ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT IN THOSE COURTS IN DALLAS COUNTY AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.

Article 9. GENERAL

If any provision of this TOS is subsequently held to be invalid or unenforceable by any court or other authority, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision of this TOS. This TOS shall be binding upon CrystalEyes' successors and assignees. A party's waiver of any breach or failure to enforce any of the provision of this TOS at any time shall not affect, limit or waive such party's right thereafter to enforce and compel strict compliance with every right, duty or obligation of this TOS. No modification of this TOS shall be effective unless it is set forth in a writing signed by CrystalEyes.

Article 10. COPYRIGHT AND TAKEDOWN NOTICE

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting the copyright agent identified below and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Article 11. CONSUMER TERMS AND WARRANTIES

Satisfaction Guarantee is 60 days from date lenses are shipped to consumer.
Guarantee applies to all lenses sold directly from Crystal Computer Lenses
Scratch Coating Warranty 1 year 1 time replacement
All returns and warranties must have the original invoice included
$5.00 Shipping and Handling charge per order
Returned Checks: $35.00 service fee for returned checks
We are not responsible for frames lost or damaged in shipment
All frames sent to us must be of optical grade to insure proper fit of the lenses

Copyright agent for copyright issues relating to this web site is as follows:
Storm LLP
901 Main Street, Ste 7100
Dallas, TX 75202
(214)347-4700