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Terms And Conditions Of Sale

Terms And Conditions Of Sale

PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING OUR WEBSITE.

These Terms of Use create a legal agreement between you and OKA USA LLC (“OKA”), and your continued use of the website constitutes your consent to these Terms of Use as if you had physically signed them. If you do not agree with any of these terms, do not access or use the OKA.com site.

This Site is intended for users within the United States.

a) Your Agreement

By accessing OKA.com (the “Site”), you agree to be bound by these website Terms of Use as updated them from time to time. You should check these Terms of Use frequently so you are aware of any changes that might affect your use or purchases. The date of the most recent update or revision to these Terms of Use is found at the bottom of this page. The most recent version of the Terms of Use will apply to your usage of, and transactions on, the Site.

b) Site Usage ; Restrictions; User Content

OKA.com is a retail website intended for use by individuals or businesses that intend to contact, review, purchase goods from, or engage in retail transactions with OKA via the Internet. You agree not to use any content, including without limitation product descriptions or other text or media, (collectively, “Content”) from the Site without providing clear and prominent attribution to OKA or, if in digital format, providing a link to OKA.com. You are not permitted to use any Content from OKA.com for any commercial purpose or any public display without the express written consent of OKA. You must ensure that your use of the Site complies with all applicable laws and regulations. The Content contained on this Site are protected by federal and international laws, including copyright and trademark laws. YOU ARE PROHIBITED FROM ANY UNAUTHORIZED COPYING, DUPLICATION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, CREATING DERIVATIVE WORKS OF, OR REPRODUCING ALL OR PART OF THE SITE WITHOUT THE EXPRESS WRITTEN CONSENT OF OKA.

You are not permitted to opt out of OKA’s promotional and marketing services, including promotional emails, on behalf of another person without OKA’s permission, and any action taken in violation of the foregoing is a material breach of these Terms and may give rise to monetary damages and equitable relief.

The Site may permit users to submit reviews, comments, and other user-generated content (collectively, “User Content”). You are solely responsible for your own User Content, and you represent and warrant that you have all legal rights to allow OKA to use your User Content on the Site (and in any other websites, locations, or materials, whether digital or not, that OKA determines) and that your User Content does not violate the intellectual property rights, right of publicity, or right or privacy of any third party. User Content or other ideas, material, or information that you submit to or post on the Site is non-proprietary and non-confidential. OKA does not endorse any User Content. You retain all ownership rights to your User Content, but you grant to OKA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable (through multiple tiers), and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that OKA (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation exploiting current or future technology yet to be developed. Further, you grant each user of the Site a non-exclusive license to access your User Content through the Site (and any other channel determined by OKA) and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by OKA under these Terms of Use.

c) Disclaimer

The Site and its Contents are provided “as is” without warranties of any kind, whether express or implied, including without limitation warranties of title or implied warranties of merchantability, noninfringement, or suitability for a particular purpose. You acknowledge that your use of this Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that OKA in no event shall be liable for any damages of any kind arising out of your use of this Site. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

d) Inaccuracies and Revisions

Occasionally, OKA.com, the Content, or the product catalog may contain technical, typographical, or other errors or omissions of fact relating to OKA’s products, prices, or availability. In addition, though OKA strives to make photographic depictions as accurate as possible with respect to details and color, the picture you see will ultimately depend on your monitor settings, and OKA does not guarantee that your monitor’s display of any color or detail will be accurate or complete. OKA reserves the right to make any corrections necessary to the Site at any time without prior notice (including after an order has been submitted) to improve the accuracy of product information or other information on the Site. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell, and OKA may cancel orders that contain errors, inaccuracies, or may constitute improper use of the Site.

e) External Links

The Site may contain links to third-party websites that OKA does not control. The inclusion of any link does not imply endorsement by OKA of the third-party website. Use of any such linked website is at the user’s own risk, and any concerns regarding services and resources accessible through linked websites should be directed to that website and not to OKA.com.

f) Termination

Your ability to access and use the Site remains in effect until terminated in accordance with the Terms of Use. You agree that OKA may terminate your account and your use of the Site and may remove and delete your User Content at any time without notice. OKA may also cease providing the Site, or any part thereof, with or without notice. You agree that OKA will not be liable to you or any third-party for any termination of access to the Sites. The terms of sections b)-i) survive any termination of these Terms of Use.

g) Governing Law

Any claim relating to OKA’s website shall be governed by the laws of the State of Texas, United States of America, without regard to its conflict of law provisions. Pursuant to California Civil Code Section 1789.3, OKA provides users of the Site with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

h) Legal Disputes

YOU AND OKA AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and OKA, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Contract Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. OKA will provide such notice by e-mail to your e-mail address on file with OKA. The arbitration will be conducted via telephone or videoconference unless in-person appearance is approved by the arbitrator. The arbitration will be conducted in accordance with the rules of the American Arbitration Association. Each party in the arbitration will cover its own cost and an equal percentage of the arbitrator’s fee, provided that the arbitrator may require a party to cover the fees and costs of the other party as part of any arbitration award or decision. You and OKA agree that any Contract Dispute hereunder will be submitted to arbitration on an individual basis only. Neither OKA nor you are entitled to arbitrate any Contract Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).

i) General Terms

If any part of this Agreement is determined by a court to be unenforceable, the remainder of the Agreement will continue to be fully valid, binding, and enforceable. Headings, captions, or section titles contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. These Terms of Use set forth the entire Agreement between you and OKA with respect to use of the Site and supersede any prior agreements between you and OKA relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with OKA's prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.