Acceptance of Terms
This website, located at www.Okinus.com (the “Website”), is owned and operated by Okinus, Inc. (the “Owner”). Owner offers alternative financing under a lease purchase transaction to consumers for the purposes of obtaining furniture, consumer electronics, household appliances and jewelry (the “Business Model”).
Owner purchases directly from traditional furniture retailers (“Retailers”) thereby allowing Retailers the opportunity to extend products and service offerings to Owner’s customers through Owner’s Business Model. Through the use of a website portal (“Retailer Portal”), the Owner offers the opportunity for Retailers to: (i) apply to Owner to participate in Owner’s Business Model as a supplier of furniture and any other merchandise, (ii) track the progress of submitted applications for participation in Owner’s Business Model and (iii) track payments made by Owner to Retailer for furniture and any other merchandise purchased by Owner for use in Owner’s Business Model.
This Website provides users with access to information and materials about the Owner’s Business Model, and contains certain online registration fields for the purpose of collecting certain information which permits Owner to engage in certain transactions with Retailer to support Owner’s Business Model. The materials on the Website may include dealer applications, information about the lease purchase transaction, registration fields for the collection of customer information on Owner’s website when customer’s have clicked through via a third party and other information related to certain products and services (the “Products and Services”) offered by Owner as part of Owner’s Business Model. The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, with all information and material about the Owner and the Products and Services, the “Content”). This Website is intended for use only by users who are at least eighteen (18) years of age.
Limited License and Site Access; All Rights Reserved. The Owner hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Owner (e.g., downloading of application forms). This license does not include any resale or commercial use of this Website or the Content; any collection and/or use of any listings, descriptions, or prices; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Owner without the Owner’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Owner’s name(s) or service marks without the express written consent of the Owner. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content, features, Products and Services offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the license and/or permission granted by the Owner.
Availability of Products and Services. Due to offers that are limited in time or availability, certain Products and Services described on this Website may not be available to all users.
This Website may provide certain summary descriptions or other helpful information regarding Products and Services. Owner attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual lease or product/service agreement to which they refer.
Copyright. Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Owner or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Owner and is protected by U.S. and international copyright laws.
You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video, in any manner, without the prior written authorization of the Owner or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Owner. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or applicable regulations and statutes. The Owner does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe on the rights of third parties.
Notice Regarding Copyright Agent.
Owner respects the intellectual property rights of others and requests that Website users do the same. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the Website containing the following:
•An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
•Identification of the copyrighted work claimed to have been infringed;
•Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Owner to locate the material;
•The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
•A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
•A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices should be sent to:
Attention: Chief Operating Officer
Post Office Box 691
Pelham, GA 31779
Trademarks and Service Marks. Certain trademarks, including “Okinus” and “Okinus Credit Solutions” are the service marks and trademarks of Owner or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Owner. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Owner.
Ownership of information submitted via this Website. With the exception of any personal data or information you submit (which shall be maintained in accordance with our Notice of Privacy Practices), any information you transmit to Owner via this Website, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Owner. Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and/or posting. Owner shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Owner via this Website or by any other means, for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
Connection Requirements. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and the Owner reserves the right to change the access configuration of this Website at any time without prior notice.
Prohibited Use. Any use or attempted use of this Website: (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data and/or information not intended by the Owner to be made accessible to a user, or (vi) to attempt to obtain any materials or information through any means not intentionally made available by the Owner, or (vii) to make any use other than the business purpose for which this Website was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Owner representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.Okinus.com, in accordance with the Limited License and Site Access outlined above;
l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services if you are not expressly authorized by such party to do so;
(n) Harvest or otherwise collect information about others, including e-mail addresses; or
(o) Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.
The Owner reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. The Owner may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Website Privacy Notice, the Owner reserves the right at all times to disclose any information as the Owner deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Owner’s sole discretion.
No Owner Editorial Control of Third Party Content; No Statement as to Accuracy. To the extent that any of the Content included in the Website is provided by third party content providers, Owner has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers on this Website are those of such third party suppliers. The Owner does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Owner.
Website Notice of Privacy Practices. Our Website Privacy Notice is located athttp://www.okinus.com/privacy-policy.html and describes the details of the Owner’s information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Website Privacy Notice.
Disclaimer. Content and other information contained on this Website has been prepared by the Owner as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. The Owner has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other website maintained by the Owner. Users relying on Content or other information from this Website do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the actual lease or the relevant product or services agreement for complete terms and conditions. Should you lease merchandise from Owner the terms and conditions applicable to that transaction will govern such rental or purchase, as applicable, and your use of this Website does not affect that purchase in any manner.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. THE OWNER MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNER DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Password Accounts, Passwords, and Security. If you have been given the option to utilize the Retailer Portal on this Website which will provide you with access to password protected portions of the Website, and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to: (a) immediately notify the Owner of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Owner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Owner or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Post Office Box 691
Pelham, GA 31779