OPTICAL AUCTIONS USER AGREEMENT

Please read the following User Agreement in detail. It's our way of protecting you and offering Optical Auctions' services as a safe and trustworthy business venue in the ophthalmic community. Registration is free to all industry professionals.

By clicking on the "I ACCEPT" button, you accept the terms and conditions of this agreement below. Should you have any questions that may prevent you from accepting this agreement, please contact us by e-mail at info@opticalauctions.com .

1. Passive Service Provider -- Optical Auctions provides an internet vehicle for buyers and sellers to participate in an auction format exclusively for the ophthalmic community. Because we act only as a conduit between buyer and seller, we take a passive support role. As a result, we are not responsible nor do we have control over product descriptions or advertising claims. We do not assume responsibility or imply that a sale of listed products will take place or that a successful bid will result in a sale.

As a user of this service, you should also be aware that there is risk dealing with underage persons, those acting under false pretense and foreign nationals, for which we assume no responsibility.

Users of the service will release Optical Auctions from all disputes (including our agents and employees), including claims, and all actual or consequential damages of all types in any way connected with such disputes. Because we cannot control the information provided by sellers regarding descriptive language about their product(s) for sale, you should use all means available through this site (i.e. the escrow service, the ability for the buyer/seller to communicate) to protect the integrity of Optical Auctions.

2. Membership -- Optical Auctions is open to anyone age 18 or older, who buys and sells products or services to or from optical industry professionals, wholesalers, distributors or manufacturers, and has the ability and right to form legally binding contracts. If you do not qualify, this agreement is automatically void.

3. User Fees -- Fees, credit policies and escrow information is available at the Sellers' Information page and are incorporated herewith by reference. In general, you are responsible for all fees incurred in listing on the service, included but not limited to, selling fees, buying fees, escrow fees if applicable, server fees and all applicable taxes. Fees and services charges are subject to change at any time. All fees are payable in U.S.Dollars.

4. List/Sell -- Optical Auctions will honor all text descriptions, graphics and photographs of merchandise to be listed. Optical Auctions will accept text only, photograph only or a combination of both. Buyers/Sellers assume full responsibility for the truthfulness of product descriptions, photographs or drawings/likenesses.

Important -- You are required to complete any transaction in which you receive one or more bids at or above your stated minimum or reserve price. If you are not able to complete the transaction within 3 business days after the close of the auction, you must notify Optical Auctions or you will be responsible for the commission on the item sold. Optical Auctions will then have another 2 business days to resolve the problem. If there is more than one winning bidder, the seller has to accept the next highest winning bidder should the first not finalize the purchase. This can only be accomplished after all attempts to contact the original winning bidder have been completed. If any indication of wrongdoing or dishonest practices (such as bid siphoning or using alias names to bid up an item) are detected in association with your transaction, we reserve the right to terminate your transaction and restrict your participation in Optical Auction activities in the future.

5. Bid/Buy -- The following bidding and buying regulations are to protect the integrity of the Auction and its participants. "Bid Padding", the act of placing the highest bid then withdrawing that bid and rebidding at a level just above the next highest bid, is restricted. Upon acceptance as the highest bidder, you are obligated to complete the transaction with the seller. If you do not, Optical Auctions reserves the right to charge your account up to 15% of your winning bid. Sellers may not bid on their own items nor enlist a third-party to bid on their behalf.

6. Password Protection -- Do not disclose your password to unauthorized parties or use your password for any purpose except for authorized Optical Auction transactions.

7. Personal Data -- Certain personal data are required from you for registration into the site, such as name, address, e-mail, etc. This personal data will be internally used by Optical Auctions to assist in improving the content and product offerings on the site and to allow you to use the site effectively. Personal information about individuals will not be provided to any third party. However, we do reserve the right to release aggregate information about our subscribers for demographic research, marketing and promotional purposes. Secure information, such as banking accounts, credit card numbers, or other financial information will not, under any circumstances, be released to any party. If you should wish to unsubscribe to our service or remove your information from our database and not receive future communications you may do so. See Privacy Statement.

8. No Warranty -- Implied warranties vary from state to state and therefore may or may not be applicable to all individuals. OPTICAL AUCTIONS' SERVICES AND ITS AFFILIATES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED AND DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9. Limitations Of Liability -- IN NO EVENT SHALL OPTICAL AUCTIONS OR ITS AFFILIATES BE LIABLE FOR PROFITS THAT ARE LOST OR ANY CIRCUMSTANCE DETERMINED DETRIMENTAL DAMAGES AS A RESULT OF OR ARISING FROM ANY CONNECTION WITH THIS AGREEMENT.

10. General Compliance -- Buyer/Seller will comply with all applicable laws, statutes, ordinances and regulations regarding the use of Optical Auctions and its operations.

11. Breach of Contract -- Optical Auctions reserves the sole right to terminate your user privileges of membership or actions immediately upon breach of this contract, in our sole discretion.

12. Unlawful Posting of Material -- Any unlawful, threatening, unauthorized, libelous, defamatory or otherwise offensive material is prohibited from this site.

13. Amendments -- This contract may be amended only by Optical Auctions at any time and said amendments become effective 30 days following posting on our site. Copies of amendments are available upon request via e-mail or written request.

15. Jurisdiction -- Anyone accessing the Optical Auctions site, agrees that any legal proceedings arising under this agreement shall be governed by the laws of the State of Florida and shall be brought exclusively in a court in Pinellas County, Florida.