User Agreement

The objective of this site is to provide a convenient way for sellers to offer merchandise, as well as a great way for buyers to find merchandise at agreeable prices.

In order to do this in a way that is beneficial for both buyers and sellers, eOptex, Inc. ("eOptex"), the owner of www.eoptex.com , has established the following terms and conditions with respect to the offer, sale and purchase of merchandise listed herein.

1) Eligibility for Membership - www.e-opticalexchange.com  is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, www.eoptex.com   is not available to minors (persons who have not reached their eighteenth birthday). If you do not qualify, please do not use our services. Before you may bid on merchandise, buy merchandise, or list merchandise for sale on www.eoptex.com , you must complete the information requested on the registration page.

2) Privacy Statement - eOptex does not sell or redistribute any information you input on your registration to any outside party. The use of private user information, other than as expressly permitted by this User Agreement or our Privacy Statement, is strictly prohibited. The Privacy Statement discloses our information gathering and dissemination practices for www.eoptex.com  
Our policy only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are bidders, buyers or sellers on our system or other sites throughout the Internet, different rules may apply to their use and disclosure of personal information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy customs and policies. Since eOptex does not control the privacy policy of third parties, you are subject to the privacy customs and policies of that third party. We encourage you to ask questions before you disclose your personal information to others.

3) Service Statement - www.eoptex.com  is provided as a venue for connecting buyers and sellers. Unless eOptex is listed as the seller eOptex is not involved in the actual transactions between buyers and sellers. As a result, for such transactions eOptex has no control over the quality, safety or legality of the merchandise advertised by other sellers, the truth or accuracy of their listings, the ability of other sellers to sell merchandise or the ability of buyers to buy merchandise. eOptex cannot and does not guarantee that it will notice or prevent users from inappropriate use of www.eoptex.com  or from providing inaccurate or false information.
Please be advised, however, that it is unlawful to sell or attempt to sell stolen, counterfeit or infringing goods or goods which do not actually exist. It is also a violation of the law to make bids or attempt to purchase merchandise in a false name or with an invalid or stolen credit card.
Even if you do not provide your real name, your web browser transmits a unique Internet address which can be used by law enforcement officials to identify you. Currently, both the FBI and the US Secret Service are responsible for investigating all Internet fraud cases. Therefore, eOptex expects that you will use caution (and common sense) when using our site.

4) Bidding and Buying - If you bid on an item and your bid is accepted by the seller at the close of the auction and your offer is accepted by the seller, you are obligated to complete the transaction. Although eOptex cannot force you to complete the transaction, the seller may be able to take legal action against you and eOptex has the option to void your current and future bids or to terminate your membership at the sole discretion of eOptex. In the event that eOptex is listed as the seller, eOptex retains the right (as with other sellers) to take legal action to enforce the transaction.
Once an auction or sale is closed, bids and offers may not be retracted or canceled, except in exceptional circumstances such as the seller materially changing the description of the item after your bid or offer or clear typographical errors. While an auction or sale is active, bids and offers are normally not retractable or cancelable. Bids and offers may be considered valid and effective only after they have been processed by eOptex' computer systems. In placing bids at an auction, eOptex reserves the right to reject or void bids, whether successful or not, that it deems in its sole discretion not to be made in good faith. eOptex also reserves the right to suspend or terminate your membership at www.eoptex.com  for conduct it deems in its sole discretion to be made in bad faith. Although nonexhaustive, please refer to our Policy Statement for types of conduct that could result in suspension or termination of your membership. eOptex also reserves the right to reject or void bids and offers which are restricted, taxed or otherwise prohibited due to local laws or the terms and conditions outlined herein.
All successful bids and purchases are payable on demand in US dollars

5) Listing and Selling - By listing an item on www.eoptex.com , you are agreeing that you have the intention and ability to sell an item you have a legal right to sell. If you receive one or more bids or offers to purchase at or above your stated start bid amount, then you are obligated to complete the transaction. Although eOptex cannot force you to complete the transaction, the highest bidder may be able to take legal action against you and eOptex has the option to not accept future listings from you or to terminate your membership at the sole discretion of eOptex. Unless eOptex is specifically noted as the seller, the seller expressly assumes all risk and liability arising from their offer for sale, the actual sale, and the delivery.
You may post on eOptex' Web Site listings of the merchandise you wish to sell, provided that you place such listings in their appropriate category, as eOptex may require. Listings are text descriptions, graphics and images on eOptex' web site supplied by you of either
(i) the text describing the merchandise you are listing for auction or 
(ii) links to the text, graphics and images residing on eOptex' computer systems and describing the merchandise you are listing for auction or sale.
Except where eOptex is specifically noted as the seller, eOptex is not responsible for the accuracy of the descriptions used to identify the merchandise offered. Nor does eOptex accept any responsibility for, and expressly denies liability of, any warranty or description stated therein. Statements made by sellers of merchandise are not to be construed as conjoined by eOptex in any implied or explicit approval, sponsorship, endorsement, or guarantee.

A seller can delete listings of auction or sale items, only if there are no bids or offers on the items. The seller must notify eOptex as soon as the item becomes unavailable for sale. In the event the seller does not notify eOptex and eOptex becomes aware of the item's unavailability by other means, the seller will be obligated to pay a non-refundable commission fee based on the selling price or minimum bid price, whichever is higher.
All items are offered for auction or sale on a limited time basis. eOptex is the sole judge as to the successful bidder. eOptex reserves the right to
(i) change posted quantities, 
(ii) change posting times, or 
(iii) remove from sale or offer again for sale items which are disputed, withdrawn by the seller, or fail to draw bids above the posted minimum.
eOptex reserves the right to suspend or terminate your membership at www.eoptex.com  for conduct it deems in its sole discretion to be made in bad faith. Although nonexhaustive, please refer to our Policy Statement for a types of conduct that could result in suspension or termination of your membership.

6) Fees - Membership in www.eoptex.com  is free. By listing an item for sale on www.eoptex.com , however, the seller agrees to pay eOptex final value fee based on the above fee schedule. eOptex may in its sole discretion add, delete or change some or all of the fees and services at any time. The addition, deletion or change will become effective 15 days after notice is initially posted on www.eoptex.com .

You will not be charged a Final Value Fee if:
1. There were no bids on your item;
2. If there were no bids that met your starting price amount.
3. If the winner bid is false or funny.

Featured Auction:
A Featured Auction is listed on the main category and on the home page of eOptex.com.
If you ask for a Featured Auction, you will be charged U.S. $35.

7) Incomplete Transactions - In the event of an incomplete transaction, eOptex retains the right to charge the seller a non-refundable commission fee based on the selling price or minimum bid price, whichever is higher, if fault is found with the seller. Each such incident will be considered on a case by case basis.

8) No Agency - Even if eOptex is specifically noted as the seller, no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and OpticalExchange is intended or created by this User Agreement or otherwise.

9) Right to Terminate - eOptex may terminate your membership and any current activities immediately without notice to you if you breach this User Agreement. eOptex reserves the right in its sole discretion to refuse service to any user at any time. Further, eOptex reserves the right to terminate an auction of any item at any time with no liability to the seller or prospective buyer of such item. The listing, sale or offer of illegal items, including counterfeit items, is expressly prohibited. eOptex will terminate the auction of any such counterfeit items upon notification by the legitimate trademark or copyright holder and the seller of any such item may be subject to suspension or termination of such seller's membership

10) System Integrity - You may not use any device, software or routine to interfere or attempt to interfere with the proper working of www.eoptex.com . You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. You remain solely responsible for any use of your password.

11) Disclaimers and Limitation of Liability - UNLESS OPTICALEXCHANGE IS SPECIFICALLY NOTED AS THE SELLER, eOptex IS NOT RESPONSIBLE FOR THE MERCHANDISE PRESENTED IN THE AUCTIONS BY OTHER SELLERS. FOR SUCH MERCHANDISE, eOptex DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. eOptex SHALL IN NO EVENT BE LIABLE FOR LOST PROFITS OR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF eOptex HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF eOptex IS NOTED AS THE SELLER, THEN THE MERCHANDISE OFFERED FOR SALE ARE BOUND BY THE SPECIFIC WARRANTY AND RETURNS POLICY NOTED WITH EACH ITEM.
The service and content from or through eOptex are provided "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR A PARTICULAR PURPOSE. 

eOptex disclaims any warranties, express or implied, for the goods or services listed for sale or auction through the www.eoptex.com  and the warranties of title, merchantability, fitness for a particular purpose, any Year 2000 warranties and non-infringement for such goods or services are specifically disclaimed.
eOptex is not responsible for damage or loss caused by errors in the system or the Internet. The system may be unavailable unexpectedly as a result of errors or circumstances beyond our control. eOptex and its affiliates, licensors, content and service providers are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based in contract or tort (including negligence), product liability or otherwise even if advised of the possibility of such damages. eOptex' total liability under this Agreement to any user is limited to the amount of aggregate fees paid by user to eOptex during the six month period preceding the action giving rise to such liability.

12) Indemnification - You agree to indemnify, defend and hold eOptex and its affiliates, licenser, content and service providers harmless for any liability, loss, claim and expense (including reasonable attorneys' fees) related to your violation of this Agreement or use of our service. Sellers assume all risk and liability arising from the offer or sale of any item.

13) Intellectual Property - The content and organization and other matters relating to www.eoptex.com  are protected under applicable copyright, trademark and other intellectual property laws. www.eoptex.com ® is registered trademarks of eOptex, Inc. The copying redistribution, use or publication by user of any such content or any part of www.eoptex.com  is prohibited.

14) Entire Agreement - This User Agreement supersedes any prior agreements between you and eOptex. The provisions contained in this User Agreement may be amended from time to time by eOptex in its sole discretion. The amended terms shall be effective 15 days after such terms are initially posted on www.eoptex.com . This User Agreement may not otherwise be amended except in a written agreement executed by both parties.

15) Notice - Any notice to you or eOptex shall be made by either E-mail or regular mail. eOptex may also give notice of changes to the User Agreement by displaying notices to users on the service.

16) General - This agreement shall be governed by and construed in accordance with the laws of the United States of America and the state of New-York (without regard to that state's conflict of law principles). All legal proceedings arising out of or in connection with this User Agreement shall be brought in Minnesots and you expressly submit to the jurisdiction of the courts of the state of Minnesota. If the legal proceeding are brought in federal court, you expressly submit to the jurisdiction of the federal courts situated in Minnesota. Any cause of action with respect to the use of www.eoptex.com  must be instituted within six (6) months after purchase or sale of the goods or services through www.eoptex.com  or forever be waived and barred.
Failure of eOptex to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Should any portion of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and remaining portions shall remain in full force and effect.

17) Headings - The section titles in this Agreement are for convenience only and have no legal or contractual effect.
If you have any questions about this User Agreement, the practices of www.eoptex.com , or your dealings with the site, please e-mail us.
Thank you for visiting www.eoptex.com . OpticalExchange hopes that you will find www.eoptex.com  a pleasant and worthwhile experience.
In order to remove your information from our database and to not receive future communications or to no longer receive our service, please e-mail us. In order to change or modify information previously provided click here.



Usage Policy


Understand the Rules before Buying and Selling on www.eoptex.com 
www.eoptex.com  is a community where people buy and sell products related to the fiber optics industries. www.eoptex.com  is owned, operated and sponsored by eOptex, Inc. ("eOptex").

www.eoptex.com  provides a conduit for buyers and sellers, and except for products sold by eOptex, does not authenticate, validate, or in any way endorse the items listed by third party sellers and does not control the items exchanged.
Our rules do not permit the posting of items that infringe upon the intellectual property rights or ownership of others or which are stolen, and any such items will be quickly removed from our site upon notice. Members found (or suspected of) engaging in such impermissible activities on www.eoptex.com  will (or may) be reported to the proper authorities.

Infringing Items 
Items which violate another party's intellectual property rights or ownership rights (referred to herein as "Infringing Items") may not be listed on www.eoptex.com . The sale or distribution of Infringing Items on www.eoptex.com  is expressly prohibited. Infringing Items include the sale or distribution of ANY items not authorized by the intellectual property owner of such items or by the applicable state or federal laws. Furthermore, only original copies of software manuals may be listed on www.eoptex.com . If you have questions, you should consult the copyright owners.
In the event we are notified that an Infringing Item has been listed on www.eoptex.com , we will remove the listing of the Infringing Item and notify the seller of the removal of their listing from the site. A second notification and removal of an Infringing Item will result in suspension from www.eoptex.com .
We do not and cannot monitor the items on www.eoptex.com  for infringement. If you find items which infringe your rights, or the rights of your company, please report the suspected infringement by sending us an e-mail. If you do not represent the actual owner of the underlying rights to the item(s) in question, we cannot end the auction based on your notice; however, we will forward all notices, including the seller's contact information, to the owner of record.

Stolen Items 
In the event we are notified that a potentially Stolen Item has been listed on www.eoptex.com , we will forward the notice, including the seller's contact information about any seller to the appropriate local, state, or federal authorities.
To report a potentially Stolen Item, send us an e-mail. If you have questions, you should consult the law enforcement agencies.
If you list or buy an Infringing or Stolen Item, you are breaking the law. You may be held liable and possibly face criminal charges by local, state, and federal entities and/or the owner of rights to such items.
Export Restrictions 
It is the seller's responsibility to have the proper export license to ship items listed to a buyer outside the United States.

Fraud 
Buyers should contact sellers to ensure they have a thorough understanding of the listed item(s) prior to bidding, including but not limited to the product condition, shipping method and charges, payment method, warranty, and right of return. Sellers should evaluate the credit risk of the buyer prior to shipping the items. Both buyers and sellers should consider the use of an escrow company for fraud and credit protection. While buyers and sellers may mitigate their risk by evaluating each other prior to sending payment or shipping product, fraud is a reality of doing business, both on and off the Web, and you should report it to the appropriate authorities if it happens on www.eoptex.com .

SPAM 
SPAM is the sending of unsolicited, commercial e-mail, including unsolicited e-mail to past bidders, buyers, and sellers. Do not add a member's e-mail address to your address book unless you have permission from that member. Please forward us a copy of the e-mail from any member who is engaging in SPAM, including the full header of the e-mail, and we will send that member a one-time warning. A second occurrence of SPAM by a member will result in an indefinite suspension from www.eoptex.com .
Please remember that an auction prematurely terminated by  www.eoptex.com  is considered a warning.

Bidding Offenses

Bid Siphoning 
Bidders should notify us immediately of any member who e-mails a bidder in a currently open auction, offering similar items or the same item at a price lower than the current bid. Please forward us a copy of the e-mail from the member who is engaging in Bid Siphoning, including the full header of the e-mail, and we will send that member a one-time warning. A second occurrence of Bid Siphoning by a member will result in an indefinite suspension from www.eoptex.com 

Auction Interference 
Bidders should notify us immediately of any member who e-mails a bidder in a currently open auction to warn them not to bid on a seller's item. Please forward us a copy of the e-mail from the member who is interfering with the seller's auction, including the full header of the e-mail, and we will send that member a one-time warning. A second occurrence of Auction Interference by a member will result in an indefinite suspension from www.eoptex.com .

Bid Manipulation (Chronic) 
Members who habitually bid on items at auction without completing the transaction with the seller will be indefinitely suspended from www.eoptex.com .
Refusing to Comply with Bids not Welcome Message 
The seller has every right to reject a bid from a bidder. If a bidder does not comply with the seller's request, the seller should forward us a copy of the e-mail instructing the bidder not to bid on the seller's item to us. The bidder will be indefinitely suspended from www.eoptex.com .

Selling Offenses

Shill Bidding 
Sellers found by eOptex to have deliberately setup and used secondary registrations or associates to bid on seller's item to raise the price of the item will be indefinitely suspended from www.eoptex.com .
Auction Interception 
Any member who misrepresents himself as another seller for whatever reason, will be indefinitely suspended from www.eoptex.com . Please forward us a copy of the e-mail from the member who is misrepresenting himself, including the full header of the e-mail, so we can close the member's account.

Illegally Avoiding Fees 
Any member who manipulates account information in order to avoid fees will be indefinitely suspended from www.eoptex.com .

Seller Nonperformance (Chronic) 
Any seller who accepts payment from a buyer but fails to deliver the item, or delivers an item materially different than described in the seller's listing and fails to resolve the matter in a mutually satisfactory manner with the buyer, will be indefinitely suspended from www.eoptex.com . In the event the seller has acted fraudulently, we will forward the seller's contact information to the appropriate legal authorities.

Contact information / Identity Offenses

Misrepresentation of Identity (www.eoptex.com ) 
Any member who represents himself as a eOptex employee or a representative thereof, and is not an employee of eOptex, will be indefinitely suspended from www.eoptex.com . Please forward all e-mails in question with full headers to us.

Misrepresentation of Identity (user) 
Any member who represents himself as another www.eoptex.com  member or registers by using the identity of another member or person, will be indefinitely suspended from www.eoptex.com . Please forward all e-mails in question with full headers to us.

False, Missing, or Omissive Contact Information 
If you find a member has submitted incorrect contact information, please send us an e-mail. We will e-mail (if the e-mail address is dead or invalid, we will attempt to contact the member by telephone) the member who has provided incorrect information asking for complete and accurate contact information. If the member does not respond to our request within two (2) days or cannot be contacted, the member will be temporarily suspended from www.eoptex.com  until such time that the contact information is corrected.

Obviously False Contact Information 
If you find a member has provided absurd contact information (i.e. William Jefferson Clinton, White House Washington, DC), please send us an e-mail. We will e-mail the member who has provided incorrect information asking for complete and accurate contact information. If the member does not respond to our request within two (2) days or cannot be contacted, the member will be temporarily suspended from www.eoptex.com  until such time that the contact information is corrected.

Underage User 
All members and users must be at least eighteen (18) years of age in order to legally enter into contracts. If you determine a member is underage, please forward us a copy of the e-mails in question, along with a description of any facts supporting your determination, and we will indefinitely suspend the member from www.eoptex.com , if such indefinite suspension is deemed warranted in light of the evidence.

Miscellaneous Offenses
Interfering with www.eoptex.com  and/or eOptex Operations 
A user or member engaged in the deliberate use of any device, software, routine, or activity to achieve or attempt to achieve any interference with the proper operation of the www.eoptex.com  site or its activities as determined by eOptex technical staff, will be indefinitely suspended and reported to the proper authorities.

User to User Threats 
Threats or harassment made via e-mail or via telephone are taken very seriously. Please forward us a copy of the e-mails in question or a detailed description of the phone call to us. We will indefinitely suspend the member engaging in the threats or harassment from www.eoptex.com .
Threats are handled by your local, state, or federal law enforcement agency which has jurisdiction in these cases, whether by e-mail or telephone. E-mail harassment should also be reported to the abuse department of the sender's Internet Service Provider (ISP).

Second warning issued 
Any member who repeats an offense after receiving a prior warning will be indefinitely suspended from www.eoptex.com .

Violating Privacy Policy 
No member has the right to publish the contact information of another member on any online public area.