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Advantage Member Terms & Conditions

THESE ARE THE TERMS OF OUR AGREEMENT WITH EACH OTHER. WHILE WE TRIED TO MAKE IT NOT TOO FULL OF LEGALESE, ALL OF IT IS IMPORTANT SO TAKE A FEW MOMENTS TO READ IT. BY ENROLLING FOR eLayaway Advantage, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS.

This Terms and Conditions Agreement ("Agreement") identifies what you can expect from eLayaway, Inc.. ("eLayaway") and what eLayaway expects from you. These terms and conditions apply to your purchase of any service offered by eLayaway.

  1. Description of our Service ("Service"):
    A. For adult members, we will:
    (i) implement and provide you with a variety of services, which may be supplemented, improved or removed from time to time, designed to provide alternative payment methods, and provide shopping discounts while improving and building the PRBC Bill Pay Score (BPS).
    (ii) order, upon enrollment and once a year thereafter, your annual credit reports from major consumer reporting agencies as may become appropriate, as permitted by 15 U.S.C. § 1681j(a); and implement and provide you with a variety of services, which may be supplemented, improved or removed from time to time, designed to provide discounts for services that protect you or your child’s personal information;
  2. Renewal: When you enroll for our Service, your account will be automatically renewed for one month or one year, depending on the term you initially select, on the anniversary date of your enrollment.
  3. Cancellation: There is no long-term commitment with eLayaway. You can cancel at any time by calling us at 877.352.9292 or writing us at eLayaway, 1625 Summit Lake Drive, Suite 205, Tallahassee, FL 32317 and notifying us of your intention to cancel. We will NOT refund any unused amount.
  4. 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.
  5. Refusal of Service: Termination: 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 and conditions, we may at any time terminate your rights under this Agreement in our sole discretion and without prior notice.
  6. 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.
  7. Authorization: By accepting these terms and 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.
  8. Disclaimers and Limitation of Liability: eLayaway assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to eLayaway’s web site. 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.
  9. Governing Law: This agreement and any Service provided hereunder will be governed by the laws of the state of Florida, without regard to any Florida 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 12 (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 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 a Florida court.
  10. 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.
  11. 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 and 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 calling us at 877.352.9292 or writing us at eLayaway, 1625 Summit Lake Drive, Suite 205, Tallahassee, FL 32317.
  12. 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 and 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 and 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.
  13. Trademarks, Copyrights and Restrictions: eLayaway and the eLayaway logo are 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..
  14. Miscellaneous: These terms and 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 and 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 and 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.
  15. 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.
  16. Agreement Assent: YOU AND eLayaway HAVE ENTERED INTO THIS AGREEMENT, WHETHER ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION, OR PHYSICAL COPY, INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THE AGREEMENT. YOU AGREE THAT EACH TIME YOU ENROLL, ACCESS OR USE OUR SERVICE, YOU WILL BE BOUND BY THE CURRENT VERSION OF THESE TERMS AND CONDITIONS, AS THEY MAY HAVE BEEN MODIFIED FROM TIME TO TIME. ONLINE CUSTOMERS MAY CHECK OUR WEBSITE REGULARLY FOR UPDATES TO THIS AGREEMENT. YOU SHOULD PRINT OR RETAIN THIS AGREEMENT FOR FUTURE REFERENCE.
  17. You may withdraw your acceptance of this Agreement at any time by notifying eLayaway Member Services by calling us at 877.352.9292 or writing us at eLayaway, Inc. 1625 Summit Lake Drive, Suite 205, Tallahassee, FL 32317. Upon notification of your withdrawal of acceptance, eLayaway will cancel your service.
  18. Acknowledgment: This Agreement, including all documents referred to herein, represents the entire understanding between you and eLayaway regarding your relationship with eLayaway and supersedes any prior statements or representations. When you enroll, use or access eLayaway Service, you agree to be bound by these terms and conditions. Thank you for your business.

Revised August 12, 2008

I acknowledge that I have read and accepted the Terms and Conditions Agreement with eLayaway.