Legal

Certified Retailer Lease Purchase

Program Agreement

THIS LEASE‐PURCHASE PROGRAM AGREEMENT (“Agreement”) is made on the Effective Date (defined below) by and between OKINUS, INC. (“OKINUS”) whose address is 1148 Satellite Boulevard Suite 203, Suwanee GA, 30024 and any retail merchandise provider that utilizes the OKINUS Lease-Purchase Program (HEREAFTER REFERRED TO AS: ”RETAILER”).

1. BACKGROUND: This Agreement governs a lease‐purchase program (“Program’”) pursuant to which: (1) RETAILER will sell to OKINUS, certain consumer goods (“Merchandise”); and (2)OKINUS will simultaneously lease the Merchandise under a lease-purchase, rental-purchase or other similar agreement (“Lease(s)”) to consumers who do not wish to purchase Merchandise from the RETAILER outright (“Lessee(s)”). The Lease will afford Lessee the right to acquire the leased Merchandise by paying a specified number of periodic payments over the Lease term or by paying an acquisition price during the Lease term.
2. Term: This Agreement begins on the date it has been executed by both parties; (“Effective Date”) and will remain in effect until terminated (“Term”). Either party may cancel this Agreement at any time by giving the other party thirty (30) days prior written notice or by following the steps to terminate the Agreement following an Event of Default.
3. AGREEMENT: In consideration of the foregoing and mutual promises, covenants and agreements set forth below, RETAILER and OKINUS, agree as follows:
4. OKINUS, INC. will:
   1. Provide its’ Program to RETAILER’S selected retail sites.
   2. Provide customer service, collection, marketing and all other services needed to offer the Program.
   3. Provide the Program on a non-recourse basis, making no representation or guarantee that any specific lease-purchase application will be approved.
5. RETAILER WILL:
   1. Offer Program to select consumers and communicate terms of the Program to select consumers.
   2. Submit consumer application complete with all information required by OKINUS
   3. Use its best efforts to ensure that Lessee has a complete understanding of the Lease.
   4. Inspect and retain for a reasonable time a copy of the consumer’s driver’s license or other government issued photo identification card and confirm the name on the application/approval notice matches the identification for all approved or pre-approved applicants. If the applicant’s identity does not match, the RETAILER will contact OKINUS before proceeding further.
   5. Upon receipt of approval from OKINUS, clearly explain the Lease to the Lessee.
   6. Sign and initial the Lease where indicated and submit the Lease electronically.
   7. Collect the initial payment from the Lessee using the debit card matching the checking account information provided in the Lessee’s application.
   8. Deliver the Merchandise to the Lessee.
   9. Require Lessee to sign and date the “Receipt of Goods” agreement upon receipt of Merchandise.
   10. Require an authorized store representative to sign the “Receipt of Goods” agreement.
   11. Send the signed “Receipt of Goods” agreement to OKINUS.
6. RETAILER AGREES THAT:
   1. Any submission of fraudulent information will constitute grounds for immediate termination of this Agreement by OKINUS. RETAILER agrees to make all commercially reasonable efforts to identify potential fraud.
   2. Any evidence of an attempt by RETAILER to defraud OKINUS may be presented to the appropriate authorities and may be the subject of criminal and/or civil prosecution.
   3. Any evidence of an attempt by RETAILER to defraud OKINUS is an Event of Default as defined herein which may result in RETAILER foregoing all amounts due on outstanding Leases and returning previously funded monies to OKINUS on all Leases deemed fraudulent by OKINUS in OKINUS’ sole discretion.
   4. Should an Event of Default as described in Section 6c) occur, OKINUS may in its sole discretion choose to re-debit (charge) RETAILER’s checking account for amounts previously funded by OKINUS for all Leases deemed fraudulent by OKINUS.
7. Leases and Program: In consideration of the foregoing and mutual promises, covenants and agreements set forth below, RETAILER and OKINUS, agree as follows:
8. Entry into Leases:
   1. The form and substance of each Lease will be determined by OKINUS.
   2. OKINUS may enter or decline to enter into the proposed Lease at its absolute discretion. In the event OKINUS wishes to enter into the Lease, we will provide an approval notice which indicates the amount of the Lease.
   3. RETAILER will NOT enter into any other side agreement with the Lessee concerning the Lease or the Merchandise and will not allow, consent or accept and departure from the strict terms of the Lease.
9. Purchase Price; Okinus Payment to Retailer for Leased Products:
   1. The purchase price of Merchandise sold by RETAILER to OKINUS for purpose of a Lease under this agreement will equal: (i) the invoice price of such Merchandise minus the percentage agreed upon by both parties for Programs including a same as cash early purchase option or (ii) 100% of the invoice price for Programs without a same as cash early purchase option.
   2. Except where prohibited by law, purchases of Merchandise by OKINUS will be exempt from sales tax. OKINUS will provide RETAILER appropriate certificates evidencing such exemption and will maintain its exempt status at all times. RETAILER shall assist OKINUS with sales tax audits by any applicable regulatory agency.
   3. Within three (3) business days after receiving a Lease, electronically signed by the Lessee and the Receipt of Goods signed by the Lessee indicating the Merchandise was received and in the expected condition, OKINUS will deposit to a bank account indicated by RETAILER an amount equal to the invoice price of the Merchandise, net of the discount. RETAILER agrees not to submit an invoice for funding unless all Merchandise has been delivered into Lessee’s possession and accepted by the Lessee.
10. Payments on Lease Contracts:  OKINUS will have the exclusive right to collect and receive all payments made by Lessee, or anyone making a payment on behalf of Lessee, on each Lease.  RETAILER agrees to assist in giving notice to Lessee of the place and methods of payment and to ensure all payments are remitted directly to OKINUS. 
11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF RETAILER: RETAILER represents, warrants and covenants to Okinus that:
    1. This Agreement has been properly authorized and executed by RETAILER and, subject to OKINUS’ proper authorization and execution of this Agreement, constitutes the legally binding obligation of RETAILER.
    2. The Merchandise description provided by RETAILER in connection with each Application will be accurate, true and complete, and both OKINUS and each Lessee entering into a Lease with OKINUS will be entitled to the benefits of any manufacturer’s or other warranty applicable to the Merchandise.
    3. RETAILER and its employees will not make any misrepresentation or deceptive or misleading statement concerning any item of Merchandise, any Lease or the Program
    4. RETAILER will not violate any applicable Federal, State or local law or regulations in connection with the Program.
    5. RETAILER has in effect and will continuously maintain in effect all licenses, permits, registrations, notifications and approvals necessary for RETAILER to conduct its business.
    6. There is no pending litigation against RETAILER which would materially affect RETAILERS’s ability to perform each and every one of its obligations hereunder.
    7. The financial and other information supplied to OKINUS by RETAILER contains no untrue statement of a material fact and omits no material fact necessary in order to make the statements contained therein not misleading.
    8. RETAILER will, at all times, keep proper books of record and account in which full, true and correct entries are made of all dealings, sales and transactions in relation to its business and the Program. Retailer will permit any authorized representative of OKINUS to examine its accounts and records and consult with its personnel, all at reasonable times and upon reasonable notice, to the limited extent reasonably required to verify the accuracy of information provided by RETAILER to OKINUS and the compliance of RETAILER with its obligations under this Agreement.
    9. RETAILER has not done, and will do nothing, to discharge or modify the obligations of the Lessee under any Lease or to interfere with the collection of the sums due thereunder. RETAILER will not induce or encourage any Lessee to terminate any Lease and will not take any action likely to result in such termination.
    10. After RETAILER has received funding on a Lease, any Lessee’s inquiries concerning the Lease will be directed to OKINUS’ customer service at 800-4-OKINUS. RETAILER will not advise Lessees on the legal terms of a Lease or offer Lessees alternative finance on the Merchandise after it has been leased from OKINUS. Retailer agrees that Okinus may draft through ACH any refunds or moneys that are due Okinus.
    11. RETAILER will comply with the Policies and Procedures (including any instructions for inputting data in connection with Applications and the origination of Leases), as such Policies and Procedures may be modified in good faith by OKINUS from time to time in its absolute discretion.
12. Transaction Limits:  Minimum transaction size for a Lease is three hundred dollars ($300.00). 
13. Events of Default:  If either party is in material breach of any representation, warranty, covenant or obligation hereunder, the other party will have the following rights and remedies, any or all of which may be exercised without notice, in any order without prejudicing its right to any other remedy:
    1. To offset against any funds otherwise due any amount owed under this Agreement.
       To immediately terminate this Agreement.
    2. To exercise any and all other remedies, legal and equitable, available under this Agreement or applicable law.
    3. No failure or delay on the part of either party in exercising any rights or remedies under this Agreement will operate as a waiver of any rights or remedies, and no single partial exercise of any rights or remedies under this Agreement will operate as a waiver or preclude the exercise of any other rights or remedies under this Agreement.
14. Assignment: RETAILER may not assign this Agreement or any of its rights or obligations under this Agreement without the proper, prior written consent of OKINUS.  Any such assignment without prior written consent of OKINUS is in violation of these provisions and will be null and void.  OKINUS may assign its rights and obligations hereunder.
15. No Partnership, Agency or Joint Venture: Nothing in this Agreement will be construed to create a relationship between the parties of partnership, principal‐ agent or joint venture. This Agreement is not to be construed in any way as an employment agreement.
16. CONFIDENTIALITY: RETAILER will maintain the confidentiality of all non-public information concerning Lessees and Terms, Applicants, and operating systems, and distribute notices and avoid any actions that would cause OKINUS to fail to comply with privacy or notice requirements. 
17. ENTIRE AGREEMENT, SUCCESSSOR AND ASSIGNS: This Agreement, together with the Terms and Conditions, constitutes the entire agreement between the parties relating to the subject matter hereof. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, relating to the subject matter hereof are superseded. No modification of or amendment to this Agreement will be binding unless in writing and executed by both parties. The Agreement will insure to the benefit of and be binding upon the successors and assigns (to the extent permitted) of RETAILER and OKINUS.
18. TERMINATION: The Agreement may be terminated at any time by either RETAILER or OKINUS upon written notice to the other, but such termination will not affect the rights or obligations of either party relating to Leases and transactions with the status of “Ready for Funding” prior to the effective date of such termination.
19. INVALID OR VOID PROVISIONS: If any provision of this Agreement is deemed invalid, illegal or unenforceable in any jurisdiction, such provision will not be affected or impaired thereby in any other jurisdiction and the remainder of this Agreement will remain in full force and effect in all jurisdictions.
20. Survival Upon the expiration or termination of this Agreement, the obligations of the parties to each other will come to an end, except that the provisions concerning payments and contracts, along with the following Sections, will survive: Representations, Warranties and Covenants of RETAILER; Confidentiality; and Governing Law; Arbitration.
21. COUNTERPARTS; FACSIMILE SIGNATURES: This Agreement may be executed in counterparts. Each of which will be deemed to be an original, but all of which will constitute one and the same agreement. Facsimile signatures will be accepted and will be binding on the parties to the same extent as originally signed counterparts.
22. GOVERNING LAW; ARBITRATION: This Agreement will be governed by the substantive law of the State of Georgia. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The prevailing party in any arbitration shall be entitled to an award of its reasonable fees and expenses incurred therein.

Okinus Service Agreement

The Okinus application and lease-purchase program is owned and operated by Okinus, Inc. (“Okinus”), and is provided to you (“you” or “Applicant”) under the terms and conditions of this Okinus Service Agreement (“Agreement”). Okinus reserves the right, in its sole discretion, to change, modify, add, and/or remove all or part of the Agreement at any time with or without notice. Please refer back to this Agreement often.

By submitting your personal information you authorize Okinus to obtain your credit report from consumer reporting agencies. Okinus may provide information about you to credit bureaus regarding your activity with Okinus, and including but not limited to, the consummation of the contract, its terms, and payment performance.

The applicant promises that the information that the applicant provides on this application is accurate. The user authorizes Okinus to share information that Okinus has about the user at any time for marketing and administrative purposes, as permitted by law. The consumer is providing written instructions to the customer to obtain a consumer report on the consumer per §604(a)(2) of the FCRA;

If approved using the Okinus Application you will be eligible to lease merchandise. This eligibility is limited to 30 days from the date you receive your approval. Approval is not guaranteed and is subject to the conditions of Okinus. Not all applicants are approved.

NOTHING IN THIS AGREEMENT OBLIGATES OKINUS TO LEASE MERCHANDISE TO YOU. IF THE MERCHANDISE YOU SELECT IS ACCEPTED BY OKINUS AND YOU SIGN THE LEASE AGREEMENT WITH OKINUS, YOU WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THAT LEASE AGREEMENT.

Okinus maintains information about Applicant on Okinus servers, including but not limited to the Application information. Applicant agrees that Okinus may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that Okinus may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of Okinus or others; provided, however, that nothing in this section shall impose a duty on Okinus to make any such disclosures.

Okinus may contact Applicant using the Applicant’s email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from Okinus, its affiliates or partners.

Okinus may contact Applicant via text message using the Applicant’s cellphone provided during the registration process (or as updated by Applicant). Such text messages may contain opportunities regarding special offers and new products from Okinus, its affiliates or partners.

You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

OKINUS, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF OKINUS IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT’S USE OF OR INABILITY TO USE THIS SERVICE.

OKINUS’ LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO OKINUS UNDER THIS AGREEMENT.

Okinus is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.

Any notices or communications under the Agreement shall be by electronic mail, in writing or by text message and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses or cellphone number specified. If to Okinus, such notices shall be addressed to info@okinus.com or to Okinus, Inc. PO Box 691, Pelham, GA 31779. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant’s form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant’s responsibility to provide an accurate address and to ensure that Okinus is notified of any changes to the Applicant’s address as specified in this Section.

This Agreement constitutes the entire agreement between the parties with respect to the Application and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter.

ARBITRATION AND WAIVER OF JURY TRIAL. PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.

Agreement to Arbitrate. You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of Georgia without applying its choice-of-law rules). Nothing in this arbitration agreement is intended to prevent either of us from filing a lawsuit in an appropriate small claims court for an amount that does not exceed the court’s jurisdictional limits. If counterclaims or other motions would cause the lawsuit to be removed from small claims court to another court, the dispute must be resolved by arbitration.

What Arbitration Is. “Arbitration” is a means of having an independent third party resolve a Dispute. A “Dispute” is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to origination of your Rental-Purchase Agreement (“Agreement”) and whether or not an Agreement is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.

For purposes of this arbitration agreement, the terms “you” and “your” include any co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms “we,” “our,” and “us” mean Lessor and include Lessor’s employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns, as well as Lessor’s marketing, servicing, and collection representatives and agents.

How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration must choose either of the following arbitration firms for initiating and pursuing an arbitration: the American Arbitration Association (“AAA”) or JAMS, The Resolution Experts (“JAMS”). If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate an arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:

American Arbitration Association
335 Madison Avenue, Floor 10
New York, NY 10017-4605
Website: www.adr.org
Telephone (800) 778-7879

JAMS, The Resolution Experts
1920 Main Street, Suite 300
Irvine, CA 92614
Website: www.jamsadr.com
Telephone (949) 224-1810 or (800) 352-5267

The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement. To the extent the arbitration firm’s rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.

What Arbitration Costs. No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration, provided each party will be initially responsible for its own attorneys’ fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the arbitration.

Location of Arbitration. Unless you and we agree to a different location, the arbitration will be conducted within 30 miles of your then current mailing address.

Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.

Applicable Law and Review of Arbitrator’s Award. The arbitrator shall apply applicable federal and Georgia substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive law of Georgia and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of Georgia and applicable federal law.

Survival. This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity.

Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at the following address by either hand delivery or a letter postmarked no later than thirty (30) days following the date you enter into this Agreement. You may opt-out without affecting your application or status as a lessee at our address above.

Terms Of Use

Acceptance of  Terms

This website, located at www.Okinus.com (the “Website”), is owned and operated by Okinus, Inc. (the “Owner”). The 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 the Owner’s Business Model. Through the use of a website portal (“Retailer Portal”), the Owner offers the opportunity for Retailers to (i) apply to the Owner to participate in the 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 the Owner to engage in certain transactions with Retailers to support the 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 the Owner’s website when customers 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.

PLEASE NOTE: Your access to and use of this Website are subject to these terms of use (the “Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Website or any information, Content, or Products and Services contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented, and/or updated by the Owner from time to time and without advance notice, by posting here, and you will be bound by any such changed, modified, supplemented, or updated Terms of Use if you continue to use this Website after such changes are posted. Unless otherwise indicated, any new Content, Products, and Services added to this Website will also be subject to these Terms of Use, effective upon the date of any such addition. You are encouraged to review the Website and these Terms of Use periodically for updates and changes.

If you have any questions about these Terms of Use, please contact us as described on www.okinus.com.

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 the 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. The 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 the Owner or its third-party content suppliers and is protected by the U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content is also the exclusive property of the Owner and is protected by the 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.

The 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 the 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

Okinus, Inc.
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 the 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 the 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 the Owner via this Website, whether by direct entry, submission, email, 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.

LexisNexis Phone Finder System Configuration. You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third-party service provider, solely to verify your identity and prevent fraud for the duration of the business relationship. See our Privacy Policy for how we treat your data.

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:

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; Create a false identity for the purpose of misleading others or impersonating any person or entity, including, without limitation, any Owner representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; 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); 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;
Delete any author attributions, legal notices or proprietary designations, or labels that you upload to any communication feature; 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); Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
Violate any applicable local, state, national or international law;
Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party; Delete or revise any material posted by any other person or entity; 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; Probe, scan, test the vulnerability of or breach of the authentication measures of, this Website or any related networks or systems; Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, to any party for any Products and Services if you are not expressly authorized by such party to do so; Harvest or otherwise collect information about others, including e-mail addresses; or
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.

Right to Monitor. The Owner neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, newsgroup, or other material created or accessible over or through this Website. However, the Owner does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in the Owner’s sole discretion, may be illegal, may subject the Owner to liability, may violate these Terms of Use, or are, in the sole discretion of the Owner, inconsistent with the Owner’s purpose for this Website.

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, the Owner has no editorial control or responsibility for 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.

Links to Third-Party Websites. This Website may contain hyperlinks to other sites owned and operated by parties other than the Owner. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other websites that are not owned, operated, or maintained by the Owner, you acknowledge and agree that the Owner is not responsible for and is not liable for the content, products, services, or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services, or software accessible through these third-party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The Owner is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. The Owner shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services, or other materials available on or through any such website. The owner is not responsible for the privacy practices of any other websites.

Website Notice of Privacy Practices. Our Website Privacy Notice is located athttps://www.okinus.com/privacy-policy.html and describes the details of the Owner’s information practices and procedures for the 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.

Notices. Any notices to you from the Owner regarding the Website or these Terms of Use will be posted on this Website or made by email or regular mail.

Electronic Communications. When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

General Provisions

Entire Agreement. These Terms of Use, the Privacy Notice, and other policies the Owner may post on this Website constitute the entire agreement between the Owner and you in connection with your use of this Website, the Content and Products, and Services, and supersedes any prior agreements between the Owner and you regarding use of this Website, including prior versions of these Terms of Use.

Governing Law; Jurisdiction; Venue; Severability of Provisions. The Terms of Use are governed by the laws of the State of Georgia, USA, and controlling United States Federal Law, without regard to any conflicts of law provisions. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

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.

No Agency Relationship. Neither these Terms of Use, nor any Content, materials, features, or Products and Services of this Website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies. You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Contacting Us

If you have any questions or concerns about these terms of use, please contact us at information@okinus.com or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

Okinus, Inc.
Post Office Box 691
Pelham, GA 31779

These terms of use were last updated and posted on January 21, 2020.

The advertised transaction is a lease-purchase agreement (or in specified states, a lease agreement with an option to purchase; a consumer rental-purchase agreement; a rent-to-own agreement; a lease-purchase agreement; a consumer-lease agreement). You will not own the merchandise until the total amount necessary to acquire ownership is paid in full or you exercise your early purchase option. Ownership is optional. Not available in all states. Merchant participating locations only. Some restrictions apply, please call a Customer Service Representative for complete details.