ABYSS OPTICS USER AGREEMENT, LIABILITY WAIVER & TERMS OF USE

Last Updated: June 20, 2025

By accessing, purchasing, using, or interacting with any products, materials, services, or intellectual property provided by Abyss Optics (“the Company”), you (“the User”) acknowledge and agree to the following legally binding terms and conditions. This comprehensive agreement governs all interactions between the User and the Company and supersedes any and all verbal, written, implied, or otherwise interpreted agreements, warranties, guarantees, or representations.

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1. ASSUMPTION OF RISK

All products sold by Abyss Optics are provided “AS IS” and “AS AVAILABLE” without warranties of any kind. Products are experimental, artistic, and theoretical in nature and are not reviewed, evaluated, tested, or approved by the FDA, FTC, CE, OSHA, ANSI, or any other national or international regulatory or safety body.

By using Abyss Optics products, the User voluntarily assumes full responsibility for any and all risk of injury, perceptional alteration, emotional response, hallucination, visual distortion, confusion, disorientation, mental state fluctuation, discomfort, allergic reaction, and/or any other psychological or physiological outcomes. The User acknowledges full responsibility and liability for their own safety, usage conditions, and environmental context during and after product usage.

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2. PROPOSITION 65 WARNING (STATE OF CALIFORNIA)

WARNING: Certain materials used in the lenses and internal components of Abyss Optics products may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. This includes, but is not limited to, rare earth-based dyes, polymer-based filters, proprietary electromagnetic-resistant coatings, and nano-structured absorption matrices.

In particular, micro-fragments or dust from broken, cracked, or deteriorated lenses—if inhaled or ingested—may pose health hazards. DO NOT attempt to disassemble or modify any lens or frame. Any attempt to grind, file, shatter, heat, or chemically alter Abyss Optics products may expose the User to harmful particulates.

Use only in well-ventilated areas. Dispose of damaged products responsibly. Wash hands thoroughly after handling broken optical components.

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3. ALLERGY & SENSITIVITY WARNING

Products manufactured, assembled, packaged, or stored by Abyss Optics may contain or come into contact with substances known to cause allergic reactions in sensitive individuals. These may include, but are not limited to:

• Latex-based compounds (used in certain frame grips)

• Acrylic adhesives (used in lens seals)

• Ethanol-based cleaning solvents (residual vapors)

• Silicone elastomers (nose pads)

• Rare-earth trace particles and metal salts

• Dust from polyethylene shipping inserts

• Nickel or nickel-plated components

The Company does not guarantee an allergen-free manufacturing environment. While every effort is made to ensure product cleanliness, no guarantees are made regarding residual cross-contamination from third-party suppliers, manufacturers, or logistics vendors.

If you have a known sensitivity or allergy to any industrial material, plastic compound, polymer derivative, or metal, you are advised not to purchase or use Abyss Optics products. Use is strictly at your own risk.

Symptoms may include, but are not limited to: skin irritation, rash, swelling, respiratory difficulty, dizziness, visual impairment, neurological events, or delayed immunological response.

Should an allergic or adverse event occur, discontinue use immediately and seek appropriate medical attention. Abyss Optics is not responsible for, and shall not be held liable for, any damages resulting from allergic reactions or related medical outcomes.

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4. WAIVER OF LIABILITY

To the maximum extent permitted by law, the User hereby releases, waives, discharges, and covenants not to sue Abyss Optics, its owners, affiliates, operators, designers, engineers, vendors, contractors, or manufacturers from any and all liability, claims, demands, injuries, expenses, or damages—whether known or unknown—arising out of, or connected in any way with, the use, misuse, acquisition, storage, transport, or disposal of any product or service associated with Abyss Optics.

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5. DISPUTE RESOLUTION AND NO PUBLIC DISPARAGEMENT CLAUSE

Before initiating any complaint, chargeback, refund demand, public post, defamatory statement, legal action, or arbitration proceeding, the User agrees to contact Abyss Optics directly and allow a good-faith resolution period of at least ten (10) business days.

If the Company proposes a reasonable resolution which the User declines, the User waives their right to publicly defame, post negatively, leave negative reviews, or otherwise comment in a way that may injure the brand’s integrity or operation.

Any intentional defamation, false claims, or reputation sabotage—particularly after an attempt to resolve a dispute in good faith—may be prosecuted under the fullest extent of defamation, cyber-libel, and commercial disparagement laws.

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6. NO REFUND & FINAL SALE POLICY

All sales are final unless otherwise explicitly stated in writing. Due to the classified, experimental, and sensitive nature of the materials and optics involved, no refunds will be issued for any reason beyond proven manufacturing defect, and only within a period of 14 days from delivery.

Proof of defect and photographic evidence may be required. Replacements will be issued at the Company’s discretion.

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7. NON-MEDICAL DISCLAIMER

Abyss Optics makes no claims that any of its products cure, diagnose, treat, prevent, or mitigate any disease, condition, or psychological issue. These are not medical devices. They are not FDA-approved, and no clinical studies or peer-reviewed documentation exists confirming their efficacy for any medical or diagnostic purpose.

Any claims made by customers or third parties do not reflect the position of Abyss Optics.

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8. AGE RESTRICTION

All Users must be 18 years of age or older to purchase or use any Abyss Optics product. By purchasing or using these items, you confirm that you meet this age requirement and are legally competent to enter this agreement.

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9. JURISDICTION

This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. Any legal action, arbitration, or dispute shall be brought exclusively in the courts of Knox County, Tennessee, and the User consents to the personal jurisdiction and venue of said courts.

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10. ENTIRE AGREEMENT

This agreement constitutes the entire understanding between the User and Abyss Optics. No oral representations, marketing language, or prior agreements shall supersede this document.

The User agrees that by accessing the website or purchasing any product, they are bound by this complete and enforceable waiver.

If you do not agree to any portion of this waiver, do not proceed with purchase or usage.

Your access to or use of the products or website constitutes full acceptance of these terms.

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© Abyss Optics LLC. All Rights Reserved.