eLayaway Mall

Description of our Service ("Service"):

A. eLayaway, Inc. is an online payment processor that provides members with the ability to furnish payments incrementally toward the item(s) and/or service(s) they desire. eLayaway is a non-credit based payment method that anyone 18 years of age or over, with a US based bank account can utilize. eLayaway and its affiliates offer its services to members subject to the following TERMS & CONDITIONS:

• (i) Payment Terms: eLayaway charges a flat transaction fee on each layaway. The calculation of this fee is outlined within the eLayaway Fee Schedule. The applicable fee is non-refundable in the event of a cancellation. All fees charged and funds to be collected will be debited from the member's bank account on file, via Automated Clearing House (ACH).
• (ii) Unless otherwise specified in the merchant's TERMS & CONDITIONS, installment payments are derived by equally dividing the final balance over the term of the transaction. The first of these payments is collected on initial confirmation of the layaway, or the next banking day.
• (iii) Availability of service and payment terms are set by each individual merchant. eLayaway does not limit any transaction due to total amount.
• (iv) The eLayaway cancellation fee charged to members is either $25 or 10% of the price of the item placed on layaway; whichever is less. The remaining balance, less the cancellation fee and any applicable transaction fees, is returned to the member's bank account upon member requested cancellation.
• (v) Default is defined as two consecutive payments that are returned from the member's bank due to insufficient funds (NSF). If a layaway falls into default the layaway will be suspended. eLayaway IS NOT RESPONSIBLE FOR ANY BANK CHARGES A MEMBER MAY INCUR DUE TO FAILED PAYMENTS
• (vi) If any scheduled payment is unsuccessful, eLayaway will assess a $5 fee to the member's account per instance. If a failed payment occurs, the unsuccessful payment will automatically be rescheduled at the end of the layaway based on the original payment frequency (i.e weekly, monthly). The $5 fee will be scheduled one day prior to the next remaining payment. In the event that a failed payment occurs on your final payment, the final payment and the $5 fee will be rescheduled for the same date. This fee is to offset banking fees generated to the company by the member's failed payment.
• (vii) All eLayaway members are required to verify their bank account prior to completing any layaways. Should a layaway be completed and the member's bank account go unverified for a period of 30 days, eLayaway will cancel the member's order and all funds will be returned to the member's bank account. This process is done to ensure the member's security as well as to verify the member is the true account holder. Bank account verification only needs to be completed once for the lifetime of the bank account on file.
• (viii) In the event a merchant cannot complete or fulfill the transaction as agreed, the member will receive a full refund minus any fees assessed for insufficient funds.
• (ix) eLayaway makes no representation or warranties of any kind, expressed or implied, as to the information, content, materials or products sold by merchants using the eLayaway payment process.
• (x) Scheduled deductions are dictated directly by the member and are the sole responsibility of the member to manage. It is the member's responsibility to manage any and all adjustments in their payment schedule, whether made personally by the member or per the request of the member through an eLayaway Customer Service Representative. eLayaway IS NOT RESPONSIBLE FOR ANY BANK CHARGES A MEMBER MAY INCUR DUE TO FAILED PAYMENTS.
• (xi) Adjustments to a scheduled payment must be submitted two business days in advance of the scheduled due date.
• (xii) In addition to these TERMS & CONDITIONS, your purchase may be subject to the respective merchant's additional TERMS & CONDITIONS, which for the sake of this transaction, supersede eLayaway's TERMS & CONDITIONS where applicable.

1. Renewal: When you enroll for our Service, your account will remain active until the time at which you decide to cancel.

2. Cancellation: There is no long-term commitment with eLayaway. You can cancel at any time by calling us at 877.352.9292, emailing us at support@eLayaway.com or writing us at eLayaway, Inc. 1625 Summit Lake Drive, Suite 205, Tallahassee, FL 32317 and notifying us of your intention to cancel.

3. Privacy Policy: We collect, use and disclose information about you as provided in our Privacy Policy at www.eLayaway.com/privacy. Our Privacy Policy is incorporated into this Agreement, and you agree to accept the terms of the Privacy Policy as a condition to your acceptance of this Agreement. Note: eLayaway will never ask for your password information. Also, eLayaway will never collect banking information over the telephone, chat system, or email.

4. Refusal of Service: We will determine whether or not to accept you as a member and provide to you the Service, and we may refuse to provide to you our Service for any reason or no reason at all. If you fail to comply with any of these Terms & Conditions, we may at any time terminate your rights under this Agreement in our sole discretion and without prior notice.

5. Payment Terms/Taxes: Payment for the Service may be made by bank account or other mutually agreed upon form of payment. You are personally responsible for any applicable state, federal or other taxes that may be associated with your purchase of our Service.

6. Authorization: By accepting these Terms & Conditions, you expressly authorize eLayaway, its agents and employees to complete and execute on your behalf documents required to provide the Service; speak to or otherwise communicate with third parties about you or on your behalf as necessary or appropriate to provide the Service.

7. ACH Authorization: I hereby authorize eLayaway and its third party processor to initiate withdrawals electronically from my Financial Institution. This authorization is to remain in effect until eLayaway has received expressed notification from me, the member, of its termination. Notice must be received in time and in such a manner as to afford eLayaway reasonable opportunity to act on it. eLayaway reserves the right to void this agreement at any time without prior notice.

8. Disclaimers and Limitation of Liability: Because of the possibility of human and mechanical error as well as other factors, the website (including all information and materials contained on the website) is provided "as is" "as available". eLayaway and third party data providers are not providing any warranties and representations regarding the website. eLayaway and third party data providers disclaim all warranties and representations of any kind with regard to the website, including any implied warranties or merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any practical purpose. Further, eLayaway will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in this website or that of a third party, or for the incompatibility between this website and files and the user's browser or other site accessing program. Nor will eLayaway be liable for any other problems experienced by the user due to causes beyond eLayaway's control. No license to the user is implied in these disclaimers.

eLayaway and third party data providers do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the website and expressly disclaims liability for errors or omissions in the materials and information. Furthermore, eLayaway and its affiliates will not be liable for any delay, difficulty in use, computer viruses, malicious code, or other defect in the website or that of a third party, any incompatibility between the website and the user's files and the user's browser or other site accessing program, or any other problems experienced by the user due to causes beyond eLayaway and its affiliates' control. No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing eLayaway responsibility and obligations to clients in accordance with applicable laws and regulations.

Under no circumstances will eLayaway be liable for any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use the website or any portion thereof, regardless or wether eLayaway has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort, (including negligence), strict liability, or otherwise.

9. Force Majeure: eLayaway will not be liable for any failure or delay resulting from fire, explosion, flood, storm, act of God, acts of terrorism, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, Internet or telecommunications failure, or any other similar event beyond the reasonable commercial control of eLayaway.

10. Enforceability and Governing Law: In the event any of the terms or provisions of these Terms & Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms & Conditions shall be subject to any other agreements you have entered into with eLayaway. This agreement and any Service provided hereunder will be governed by the laws of the State of Delaware, without regard to any Delaware laws that would direct the choice of another state's laws and, where applicable, to be governed by the federal laws of the United States. Subject to paragraph 11 (which provides for arbitration of claims between us to the maximum extent possible), you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of Florida for any dispute or litigation arising out of, or relating to, the use or purchase of any Service from eLayaway, and waive any objection to the laying of venue of any such litigation in the Leon County Florida courts and agree not to claim that such litigation brought therein has been brought in an inconvenient forum. In other words, if we have a dispute that results in a lawsuit, you agree to resolve it in the Leon County Florida court.

11. Arbitration: Both you and we agree that any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service shall be settled by confidential arbitration, in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event that the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will render a decision within fifteen days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any state or federal court. Although the cost of the arbitrator will be borne by eLayaway, all other expenses of arbitration will be paid by the party who incurred them. These expenses are not part of our Service Guarantee. In addition to, and separate and apart from, the above agreement to arbitrate any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service, you also agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.

12 Change in Terms: We may revise this Agreement at any time. You agree that each time you enroll, access or use our Service, you will be bound by the current version of these terms & conditions, as they may have been modified from time to time. Online customers may check our website regularly for updates to this Agreement. You may also obtain a paper copy of the current version of this Agreement by emailing support@eLayaway.com , calling us at 877.352.9292 or writing us at eLayaway, 1625 Summit Lake Drive, Suite 205, Tallahassee, FL 32317.

13. Indemnification: You agree to indemnify, defend and hold harmless eLayaway, its affiliates, successors and assigns, and their respective agents, directors, employees, information providers, licensors, licensees and suppliers, for, from and against any and all liability and costs (including attorneys' fees and costs) incurred by any of these parties in connection with any claim arising out of any willful or intentional breach by you of these Terms & Conditions, or your violation of applicable laws, rules or regulations. In the event that you are the subject of claims for which you properly seek damages from us under these Terms & Conditions, we reserve the right at our expense to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without our written consent. In the event that we are subject to any claim for which we have the right to be indemnified by you, we will have the right at your expense to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without our written consent.

14. Trademarks, Copyrights and Restrictions: eLayaway and the eLayaway logo are Registered Trademarks of eLayaway, Inc. Everything you see in any promotional materials is copyrighted by eLayaway unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All our promotional materials are protected by copyrights, which are owned or licensed by eLayaway. You may use our Service and our materials only for your own, personal, non-commercial purpose. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any eLayaway information without the express, written consent of eLayaway, Inc.

15. Miscellaneous: These Terms & Conditions may not be altered, supplemented, or amended by you by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for the Service which is subject to additional or altered Terms & Conditions will be null and void, unless agreed to in writing and signed by you and eLayaway. The section headings used herein are for convenience of reference only and do not form a part of these Terms & Conditions, and no construction or inference will be derived therefrom. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not affect the enforceability of any other provision.

16. Description of your obligations: You agree that you are only providing your own personal information and not the information of any other individual. You agree that the information you provide during the enrollment process and any subsequent information you provide to eLayaway will be true, accurate, and current. YOU AGREE TO CONTACT eLayaway MEMBER SERVICES IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED eLayaway HAS CHANGED. In addition, you agree that you will not purposely engage in behavior that will put your personal information at unnecessary risk, such as leaving your username or passwords in obvious places or publishing. You agree that you are eighteen (18) years of age or older. You agree to pay us the fee we publish for our Service, less any discounts to which you may be entitled.