Conditions of Use
Welcome to Layaway-today.com. Layaway Today Services LLC and/or its affiliates (“Layaway Today”) provide website features and other products and services to you when you visit or shop at Layaway-today.com, use Layaway Today products or services, use Layaway Today applications for mobile, or use software provided by Layaway Today in connection with any of the foregoing (collectively, “Layaway Today Services”). Layaway Today provides the Layaway Today Services subject to the following conditions.
By using Layaway Today Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Layaway Today Services, and sometimes additional terms may apply. When you use an Layaway Today Service (for example, Your Profile, Gift Cards, Layaway Today Video, Your Media Library, Layaway Today devices, or Layaway Today applications) you also will be subject to the guidelines, terms and agreements applicable to that Layaway Today Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Layaway Today provides a layaway payment option whereas you can purchase an item and place that item on hold with ten percent (10%) down and at least fifteen percent (15%) with the 6 month plan or thirty percent (30%) with the 3 month plan a month for 6 or 3 consecutive months from the payment method used on the account. Any coupon used for purchase must be entered during check out and every monthly payment made on the purchase. If the minimum payment is missed within the 90 or 180 day layaway plan or you cancel the layaway agreement, you will receive your payment(s) back minus a service fee of ten percent (10%) of the purchase price. If a coupon was used during the purchase it will be returned. New users can register an account during check out.
When you use Layaway Today Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Layaway Today Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Layaway Today Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Layaway Today or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Layaway Today Service is the exclusive property of Layaway Today and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Layaway Today Service are trademarks or trade dress of Layaway Today in the U.S. and other countries. Layaway Today’s trademarks and trade dress may not be used in connection with any product or service that is not Layaway Today’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Layaway Today. All other trademarks not owned by Layaway Today that appear in any Layaway Today Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Layaway Today.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Layaway Today or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Layaway Today Services. This license does not include any resale or commercial use of any Layaway Today Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Layaway Today Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Layaway Today or its licensors, suppliers, publishers, rights holders, or other content providers. No Layaway Today Service, nor any part of any Layaway Today Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Layaway Today. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Layaway Today without express written consent. You may not use any meta tags or any other “hidden text” utilizing Layaway Today’s name or trademarks without the express written consent of Layaway Today. You may not misuse the Layaway Today Services. You may use the Layaway Today Services only as permitted by law. The licenses granted by Layaway Today terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Layaway Today account to use certain Layaway Today Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Layaway Today does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Layaway Today Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Layaway Today Household. Alcohol listings on Layaway Today are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Layaway Today reserves the right to refuse service, terminate accounts, terminate your rights to use Layaway Today Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Layaway Today reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Layaway Today a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Layaway Today and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Layaway Today for all claims resulting from content you supply. Layaway Today has the right but not the obligation to monitor and edit or remove any activity or content. Layaway Today takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from Layaway Today are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Layaway Today does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Layaway Today does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center. Items shipped from Layaway Today, can be returned within 30 days of receipt of shipment in most cases. Some products have different policies or requirements associated with them. Returns for televisions shipped should be in new and unopened condition.
Layaway Today attempts to be as accurate as possible. However, Layaway Today does not warrant that product descriptions or other content of any Layaway Today Service is accurate, complete, reliable, current, or error-free. If a product offered by Layaway Today itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Layaway Today and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Layaway Today.
With respect to items sold by Layaway Today, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Layaway Today is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you. Unless your on a layaway plan. (See layaway plan terms and conditions)
When you use apps created by Layaway Today, such as the Layaway Today App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Layaway Today Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Layaway Today Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Layaway Today Software), technology, and services.
Parties other than Layaway Today operate stores, provide services or software, or sell product lines through the Layaway Today Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Layaway Today does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAYAWAY TODAY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAYAWAY TODAY SERVICES ARE PROVIDED BY LAYAWAY TODAY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LAYAWAY TODAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LAYAWAY TODAY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAYAWAY TODAY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LAYAWAY TODAY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, LAYAWAY TODAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAYAWAY TODAY DOES NOT WARRANT THAT THE LAYAWAY TODAY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAYAWAY TODAY SERVICES, LAYAWAY TODAY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LAYAWAY TODAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, LAYAWAY TODAY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY LAYAWAY TODAY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY LAYAWAY TODAY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Layaway Today Service, or to any products or services sold or distributed by Layaway Today or through Layaway-today.com shall be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each irrevocably waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW & FORUM SELECTION
By using any Layaway Today Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Louisiana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Layaway Today. Any and all conflicts shall be resolved in the State of Louisiana and in the Parish of East Baton Rouge.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Layaway Today Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL LAYAWAY TODAY SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Layaway Today Services (the “Layaway Today Software”).
- Use of the Layaway Today Software. You may use Layaway Today Software solely for purposes of enabling you to use the Layaway Today Services as provided by Layaway Today, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Layaway Today Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Layaway Today Software in whole or in part. All software used in any Layaway Today Service is the property of Layaway Today or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Layaway Today Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Layaway Today Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the Layaway Today Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Layaway Today Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other Layaway Today or third-party terms applicable to any portion of Layaway Today Software, such as open-source license terms, such other terms will control as to that portion of the Layaway Today Software and to the extent of the conflict.