The Okinus Instant approval application is owned and operated by Okinus, Inc. ("Okinus"),
is provided to you ("you" or "Applicant") under the terms and conditions of this
Okinus Service Agreement (the "Agreement").
BY COMPLETING THE APPLICATION FORM AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT
AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE
AND ACCURATE INFORMATION AS PROMPTED BY THE APPLICATION FORM, AND THAT YOU AGREE
TO BE BOUND BY THIS AGREEMENT.
YOU UNDERSTAND THAT THIS IS A NO CREDIT CHECK PROCESS. YOUR CREDIT REPORT WILL NOT BE CHECKED BY OKINUS.
I understand that as part of this Application Okinus may obtain a consumer report and/or consumer data about me that includes, but is not limited to, my creditworthiness or similar characteristics, social security verification, any other public records and any other information bearing on my credit standing or credit capacity. I hereby authorize and consent to Okinus’ procurement of such a consumer report and/or consumer data.
Okinus reserves the right, in its sole discretion, to change, modify, add, or remove
all or part of the Agreement at any time with or without notice. Please refer back
to this Agreement often.
If approved using the Okinus Application you will be eligible to purchase furniture.
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.
NOTHING IN THIS AGREEMENT OBLIGATES OKINUS TO LEASE FURNITURE TO YOU. IF THE FURNITURE
YOU PICK OUT 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 suchdisclosures.
Okinus may contact Applicant using the Applicant's email address provided during
the registration process (or as updated by Applicant). Suchemail messages may contain
opportunities regarding special offers and new products from Okinus, its affiliates
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 or
in writing and shall be deemed delivered upon receipt to the party to whom such
communication is directed, at the addresses specified below. If to Okinus such notices
shall be addressed to email@example.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 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.
The Agreement and the relationship between Applicant and Okinus are governed by
the laws of the state of Georgia, U.S.A., without regard tothat state's conflict
of laws rules. Applicant and Okinus hereby submit to the personal and exclusive
jurisdiction of the Superior Court of the State of Georgia for the County of Mitchell
or the United States District Court, Albany, Georgia for the resolution of disputes
arising from or in connection with this Agreement. Okinus' failure to exercise or
to enforce any right or provision of the Agreement will not constitute a waiver
of such right or provision. If any provision of the Agreement is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision and in the Agreement, without statutory presumptions against the drafter,
and they agree that all other provisions of the Agreement will remain in full force
and effect. The parties expressly agree that the United Nations Convention for the
International Sale of Goods does not apply to this Agreement. Applicant agrees that
regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to the Service or to the Agreement must befiled in said court(s)
within one (1) calendar year after such claim or cause of action arose or be forever