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THESE TERMS & CONDITIONS BELOW APPLY TO ALL YOUR PURCHASES FROM EYESWATCHING. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LEGAL LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

By accepting delivery of any product delivered from Eyeswatching ("Eyeswatching"), you ("Customer") agree to be bound by the terms and conditions listed below. You and Eyeswatching agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Eyeswatching. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Eyeswatching. 1. EYESWATCHING REFUND GUARANTEE - Eyeswatching offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:

• Due to manufacturer's policies, Eyeswatching can not accept refunds or returns on All Software, Game Titles, Retail Boxed Processors, Notebooks, Blank Media Cartridges, Printer Cartridges, Notebook Batteries, Minolta, QMS, Cisco, IBM, Sony, Intel, Tektronix, NEC and Hewlett Packard products. Defective merchandise can be returned to the manufacturer directly. There is likewise no replacement or refund guarantee covering any product that is affected by any "Year 2000" compliance problem.

However, to take advantage of Eyeswatching's return guarantee policy, Customer agrees to comply with Eyeswatching's Product Return Procedure a set forth below. Any breach of Eyeswatching's Return Policy Procedure will result in the loss of Eyeswatching's replacement/return guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.

Product Return Procedure:

• To return a product based upon Eyeswatching's replacement/return guarantee, you must call or e-mail our Returns Department and obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Eyeswatching will not accept returns without prior authorization and an RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by Eyeswatching. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.

• Customer is solely responsible for shipping any returned product to Eyeswatching. Customer agrees to use only reputable carries capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, Eyeswatching's Return Procedure will be breached and Eyeswatching will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.

• Eyeswatching will not refund to Customer the original shipping charges. In addition, Eyeswatching will assess a 15% restocking fee against the Customer's account on all non-defective returns for refund.

2. WARRANTIES

Eyeswatching warranty all it's products for a full one year warranty from the date of the invoice. customers can purchase extended warranty on certain products only. Product under warranty must follows the procedures for return for repair or replacement. 

4. LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES Eyeswatching'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. Eyeswatching SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. Eyeswatching SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT Eyeswatching IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. 5. GENERAL TERMS AND CONDITIONS

Payment Terms; Orders: An order is not binding upon Eyeswatching until it is accepted; Eyeswatching must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, wire transfer, or some other method prearranged with Eyeswatching. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the Eyeswatching invoice.

Price Protection: Our website is updated frequently to ensure that you'll view the latest products and pricing available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price. We are unable to make a price adjustment after an order has shipped. However, if you notify Eyeswatching prior to the shipment of your order, we would be happy to make the price adjustment for you.

Title; Risk of Loss: Eyeswatching will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. Eyeswatching reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Eyeswatching to sign appropriate documents on Customer's behalf to permit Eyeswatching to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Eyeswatching will advise Customer of estimated shipping dates, but Eyeswatching will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Eyeswatching and Customer shall be governed by the laws of the State of California , without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Eyeswatching and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of California , Los Angeles County , to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Eyeswatching that is more than one year after the date of the applicable invoice.

Severability:If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.  

Entire Agreement: These terms and conditions, together with the Eyeswatching's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between Eyeswatching and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Eyeswatching and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.