Old Time Angler 

  ~ Additonal Layaway Terms ~   

Layaway terms

* The words Layaway and Layby have the same meaning.


Layaway conditions

• Layaway orders will only be accepted for orders valued above $77 US
• The Customer is deemed to have agreed to the following terms.

Terms

Payments

• Only credit card and Paypal payments will be accepted for layaway orders.
• A minimum deposit of 20% is required at the time the layaway is placed.
• You may choose the number of installments and intervals of installments from the options given at the commencement of the layaway.
• If your payment of an installment is declined that payment will be rescheduled for processing/charging on the following day.
• If a payment of an installment is declined four (4) times consecutively, your layaway will be placed into suspension.
• Installments will be charged on the indicated date in the US central time zone.
• The deposit and all installments will be charged in US currency (US dollars) calculated based on the total US dollar price of the layaway order.

Delivery

• Your order will be delivered to you when the final payment is made and all payments have cleared.

Layaway time frames

• The maximum time frame available for a layaway is dependant on the price of the order.
• For layaway orders valued between $77 US - $385 US, the layaway period can be up to 12 weeks.
• For layaway orders valued over $385 US, the layaway period can be up to 24 weeks.
• A layaway is not available for orders valued below $77 US.

Cancellations

• Any cancellations made may incur financial penalties at Old Time Anglers discretion.
• If your order is in suspension for an extended period of time, without being rectified by you, your layaway order may be cancelled at Old Time Anglers discretion and all payments previously collected will be forfeited without refund.
• We require at least one payment every 30 days. After 30 days on non-payment your account is considered closed upon months end.
• You are responsible for any resulting lose of business to Old Time Angler as a result of a cancellation of layaway, including legal and recovery fees associated with claim on behalf of Old Time Angler.

Communication

• Old Time Anglers will contact you regarding your layaway by email.
• It is your responsibility to ensure our emails are not filtered from your e-mail inbox.
• Emails will be sent from oldtimeangler@yahoo.com - please ensure this e-mail address is in your e-mail white list.

Payment Schedules

• All Payment schedules and order histories can be viewed through your account sign-in which you can access through the 'My Account' link.
  
   

Indemnification

You agree to defend, indemnify and hold the Old Time Angler Businesses harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website, Layaways, and sales or arising out of your breach of this Agreement.

Resolution of Disputes

If a dispute arises between you and Old Time Angler, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Old Time Angler agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution in writing submitted by mail. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

·         Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the State of Oklahoma as they apply to agreements entered into and to be performed entirely within Oklahoma between Oklahoma residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Old Time Angler must be resolved by a court located in Tulsa County, Oklahoma, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Tulsa County, Oklahoma for the purpose of litigating all such claims or disputes.

·         Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

·         Improperly Filed Claims - All claims you bring against Old Time Angler must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Old Time Angler may recover attorneys' fees and costs up to $10,000, provided that Old Time Angler has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Filing of a claim will initiate collection of past due moneys not paid to Old Time Angler in association with layaway and fees associated with collection of past due moneys.

THE OLD TIME ANGLER BUSINESSES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE.

We may amend this Agreement at any time.

 Assuring You the Best of Attention,
  Old-Time Angler

  Old Time Angler © 2001 -2006

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