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TERMS OF USE

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”) and us, concerning your access

to and use of the okhomeonline.com website as well as any other media form, media

channel, mobile website or mobile application related, linked, or otherwise connected

thereto (collectively, the “Site”). You agree that by accessing the Site, you have read,

understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT

AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY

PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE

IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site

from time to time are hereby expressly incorporated herein by reference. We reserve

the right, in our sole discretion, to make changes or modifications to these Terms of

Use at any time and for any reason. We will alert you about any changes by updating

the “Last updated” date of these Terms of Use, and you waive any right to receive

specific notice of each such change. It is your responsibility to periodically review

these Terms of Use to stay informed of updates. You will be subject to, and will be

deemed to have been made aware of and to have accepted, the changes in any

revised Terms of Use by your continued use of the Site after the date such revised

Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any

person or entity in any jurisdiction or country where such distribution or use would be

contrary to law or regulation or which would subject us to any registration

requirement within such jurisdiction or country. Accordingly, those persons who

choose to access the Site from other locations do so on their own initiative and are

solely responsible for compliance with local laws, if and to the extent local laws are

applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code,

databases, functionality, software, website designs, audio, video, text, photographs,

and graphics on the Site (collectively, the “Content”) and the trademarks, service

marks, and logos contained therein (the “Marks”) are owned or controlled by us or

licensed to us, and are protected by copyright and trademark laws and various other

intellectual property rights and unfair competition laws of the United States,

international copyright laws, and international conventions. The Content and the

Marks are provided on the Site “AS IS” for your information and personal use only.

Except as expressly provided in these Terms of Use, no part of the Site and no

Content or Marks may be copied, reproduced, aggregated, republished, uploaded,

posted, publicly displayed, encoded, translated, transmitted, distributed, sold,

licensed, or otherwise exploited for any commercial purpose whatsoever, without our

express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to

access and use the Site and to download or print a copy of any portion of the

Content to which you have properly gained access solely for your personal, non-

commercial use. We reserve all rights not expressly granted to you in and to the Site,

the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity

and you agree to comply with these Terms of Use; (2) you are not a minor in the

jurisdiction in which you reside; (3) you will not access the Site through automated or

non-human means, whether through a bot, script, or otherwise; (4) you will not use

the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not

violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we

make the Site available. The Site may not be used in connection with any

commercial endeavors except those that are specifically endorsed or approved by

us.

As a user of the Site, you agree not to:

 

USER GENERATED CONTRIBUTIONS

 

The Site does not offer users to submit or post content. We may provide you with the

opportunity to create, submit, post, display, transmit, perform, publish, distribute, or

broadcast content and materials to us or on the Site, including but not limited to text,

writings, video, audio, photographs, graphics, comments, suggestions, or personal

information or other material (collectively, "Contributions"). Contributions may be

viewable by other users of the Site and through third-party websites. As such, any

Contributions you transmit may be treated in accordance with the Site Privacy Policy.

When you create or make available any Contributions, you thereby represent and

warrant that:

 

1. The creation, distribution, transmission, public display, or performance, and the

accessing, downloading, or copying of your Contributions do not and will not infringe the

proprietary rights, including but not limited to the copyright, patent, trademark, trade

secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents,

releases, and permissions to use and to authorize us, the Site, and other users of the

Site to use your Contributions in any manner contemplated by the Site and these Terms

of Use.

3. You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or likeness of each

and every such identifiable individual person to enable inclusion and use of your

Contributions in any manner contemplated by the Site and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional

materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of

solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,

libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions do not advocate the violent overthrow of any government or incite,

encourage, or threaten physical harm against another.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from

anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent

manner.

12. Your Contributions do not violate any applicable law concerning child pornography,

or otherwise intended to protect the health or well-being of minors;

13. Your Contributions do not include any offensive comments that are connected to

race, national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any

provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may

result in, among other things, termination or suspension of your rights to use the Site.

 

CONTRIBUTION LICENSE

 

You and the Site agree that we may access, store, process, and use any information

and personal data that you provide following the terms of the Privacy Policy and your

choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we

can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of

all of your Contributions and any intellectual property rights or other proprietary rights

associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area on the Site. You

are solely responsible for your Contributions to the Site and you expressly agree to

exonerate us from any and all responsibility and to refrain from any legal action

against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas,

feedback, or other information regarding the Site ("Submissions") provided by you to

us are non-confidential and shall become our sole property. We shall own exclusive

rights, including all intellectual property rights, and shall be entitled to the unrestricted

use and dissemination of these Submissions for any lawful purpose, commercial or

otherwise, without acknowledgment or compensation to you. You hereby waive all

moral rights to any such Submissions, and you hereby warrant that any such

Submissions are original with you or that you have the right to submit such

Submissions. You agree there shall be no recourse against us for any alleged or

actual infringement or misappropriation of any proprietary right in your Submissions.

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of

these Terms of Use; (2) take appropriate legal action against anyone who, in our sole

discretion, violates the law or these Terms of Use, including without limitation,

reporting such user to law enforcement authorities; (3) in our sole discretion and

without limitation, refuse, restrict access to, limit the availability of, or disable (to the

extent technologically feasible) any of your Contributions or any portion thereof; (4) in

our sole discretion and without limitation, notice, or liability, to remove from the Site or

otherwise disable all files and content that are excessive in size or are in any way

burdensome to our systems; and (5) otherwise manage the Site in a manner

designed to protect our rights and property and to facilitate the proper functioning of

the Site.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE,

WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT

NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE

(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR

ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION

FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT

CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR

REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE

SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT

ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from

registering and creating a new account under your name, a fake or borrowed name,

or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and

injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any

time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our Site. We also reserve the right to modify

or discontinue all or part of the Site without notice at any time. We will not be liable to

you or any third party for any modification, price change, suspension, or

discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience

hardware, software, or other problems or need to perform maintenance related to the

Site, resulting in interruptions, delays, or errors. We reserve the right to change,

revise, update, suspend, discontinue, or otherwise modify the Site at any time or for

any reason without notice to you. You agree that we have no liability whatsoever for

any loss, damage, or inconvenience caused by your inability to access or use the

Site during any downtime or discontinuance of the Site. Nothing in these Terms of

Use will be construed to obligate us to maintain and support the Site or to supply any

corrections, updates, or releases in connection therewith.

DISPUTE RESOLUTION

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the

Parties individually. To the full extent permitted by law, (a) no arbitration shall be

joined with any other proceeding; (b) there is no right or authority for any Dispute to

be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported

representative capacity on behalf of the general public or any other persons.

 

Exceptions to Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions

concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or

concerning the validity of, any of the intellectual property rights of a Party; (b) any

Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or

unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be

illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling

within that portion of this provision found to be illegal or unenforceable and such

Dispute shall be decided by a court of competent jurisdiction within the courts listed

for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of

that court.

DISCLAIMER OF WARRANTY

The face masks we provide is for non-healthcare settings. We do not guarantee its

medical effects of preventing any virus. The main function of our products are for

covering your face with general purpose.

WE MAKES NO REPRESENTATIONS AND GRANTS NO WARRANTIES,

EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY

STATUTE OR OTHERWISE, UNDER THIS AGREEMENT, AND WE SPECIFICALLY

DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR

EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY,

MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR

ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NONINFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD

PARTIES UNDER THIS AGREEMENT.

 

RETURN AND EXCHANGE

Return Address

Only if due to quality defects of our products, will we assume the shipping costs of

return. The window for returning the products will be within 30 calendars of your

receipt of our products.

Return Address

 

okhomeonline.com

Address: C/O: JS Express Warehouse, 13901 Yorba Ave, Chino, CA

91710.

Phone: 845-481-3538

CUSTOMER SERVICE

okhomeonline.com

Phone: 845-481-3538

We may not have personnel to pick up your call all the time, however,

please leave a message and we will reply to you within 48 hours.

CORRECTIONS

There may be information on the Site that contains typographical errors,

inaccuracies, or omissions, including descriptions, pricing, availability, and various

other information. We reserve the right to correct any errors, inaccuracies, or

omissions and to change or update the information on the Site at any time, without

prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE

THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE

RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL

WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND

YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE

SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE

AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY

UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR

ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION

STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF

TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN

HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE

SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY

CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,

TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT

WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY

PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY

THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR

MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,

AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR

MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY

PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A

PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,

YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE

APPROPRIATE.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys’ fees and expenses, made by any third party due to or arising out of: (1)

use of the Site; (2) breach of these Terms of Use; (3) any breach of your

representations and warranties set forth in these Terms of Use; (4) your violation of

the rights of a third party, including but not limited to intellectual property rights; or (5)

any overt harmful act toward any other user of the Site with whom you connected via

the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to

assume the exclusive defense and control of any matter for which you are required to

indemnify us, and you agree to cooperate, at your expense, with our defense of such

claims. We will use reasonable efforts to notify you of any such claim, action, or

proceeding which is subject to this indemnification upon becoming aware of it.

 

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of

managing the performance of the Site, as well as data relating to your use of the

Site. Although we perform regular routine backups of data, you are solely responsible

for all data that you transmit or that relates to any activity you have undertaken using

the Site. You agree that we shall have no liability to you for any loss or corruption of

any such data, and you hereby waive any right of action against us arising from any

such loss or corruption of such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND

SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic

communications. You consent to receive electronic communications, and you agree

that all agreements, notices, disclosures, and other communications we provide to

you electronically, via email and on the Site, satisfy any legal requirement that such

communication be in writing. YOU HEREBY AGREE TO THE USE OF

ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,

AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF

TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You

hereby waive any rights or requirements under any statutes, regulations, rules,

ordinances, or other laws in any jurisdiction which require an original signature or

delivery or retention of non-electronic records, or to payments or the granting of

credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in

respect to the Site constitute the entire agreement and understanding between you

and us. Our failure to exercise or enforce any right or provision of these Terms of Use

shall not operate as a waiver of such right or provision. These Terms of Use operate

to the fullest extent permissible by law. We may assign any or all of our rights and

obligations to others at any time. We shall not be responsible or liable for any loss,

damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be

unlawful, void, or unenforceable, that provision or part of the provision is deemed

severable from these Terms of Use and does not affect the validity and enforceability

of any remaining provisions. There is no joint venture, partnership, employment or

agency relationship created between you and us as a result of these Terms of Use or

use of the Site. You agree that these Terms of Use will not be construed against us

by virtue of having drafted them. You hereby waive any and all defenses you may

have based on the electronic form of these Terms of Use and the lack of signing by

the parties hereto to execute these Terms of Use.