TERMS OF USE

Aquila (Aquila Fitness Consulting Systems, Ltd.) operates miamitowerfitness.com and provides fitness and wellness services to tenants of Miami Tower. By accessing or using our website and services, you agree to these Terms of Use, which govern your use of the Miami Tower Fitness Center website and all associated services.

Payment and Renewal

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General Terms
By selecting a product or service, you agree to pay Aquila the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are non-refundable.

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Automatic Renewal
Unless you notify Aquila before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew. You authorize us to collect the then-applicable annual or monthly subscription fee (plus any taxes) using any credit card or other payment mechanism we have on record for you.

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Services

Fees and Payment
By signing up for a services account, you agree to pay Aquila the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Aquila reserves the right to change the payment terms and fees upon thirty (30) days’ prior written notice (via email or website update). Services can be canceled by you at any time with thirty (30) days’ written notice to Aquila.

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Responsibility of Website Visitors
Miami Tower Fitness Center and Aquila have not reviewed, and cannot review, all of the material, including computer software, posted to the Website. We are not responsible for the material’s content, use, or effects. By operating the Website, Miami Tower Fitness Center and Aquila do not imply that they endorse posted material or believe it to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates third-party intellectual property or privacy rights. Miami Tower Fitness Center and Aquila disclaim any responsibility for harm resulting from the use of the Website or from downloading any posted content.

Content Posted on Other Websites
We have not reviewed, and cannot review, all material made available through websites and webpages to which miamitowerfitnesscenter.com links or that link to miamitowerfitnesscenter.com. We do not control those non-Club websites and are not responsible for their contents or use. By linking to a non-Club website or webpage, Miami Tower Fitness Center and Aquila do not imply that they endorse such website or webpage. You are responsible for taking precautions to protect yourself and your computer systems from harmful or destructive content. Miami Tower Fitness Center and Aquila disclaim any responsibility for harm resulting from your use of non-Club websites and webpages.

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Copyright Infringement and DMCA Policy
Miami Tower Fitness Center and Aquila respect the intellectual property rights of others. If you believe material on or linked to by miamitowerfitnesscenter.com violates your copyright, please notify us in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. Miami Tower Fitness Center and Aquila will respond to such notices, including removing infringing material or disabling links as required. Miami Tower Fitness Center and Aquila will terminate a visitor’s access to the Website if they are determined to be a repeat infringer of copyright or other intellectual property rights. In such cases, we have no obligation to provide a refund of any amounts previously paid.

Intellectual Property
This Agreement does not transfer from Miami Tower Fitness Center / Aquila to you any Miami Tower Fitness Center / Aquila or third-party intellectual property. All rights, title, and interest in such property remain solely with Miami Tower Fitness Center / Aquila. The Aquila logo and all other trademarks, service marks, graphics, and logos used in connection with Miami Tower Fitness Center or Aquila are trademarks of Miami Tower Fitness Center / Aquila or their licensors. Your use of the Website grants you no right or license to reproduce or use any Miami Tower Fitness Center / Aquila trademarks or third-party trademarks.

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Partner Products
By activating a partner product (such as a theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by deactivating the partner product.

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Terms & Conditions
Miami Tower Fitness Center and Aquila reserve the right to modify or replace any part of this Agreement at their sole discretion. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Website following changes to this Agreement constitutes acceptance of those changes. Miami Tower Fitness Center and Aquila may also introduce new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

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Termination
Miami Tower Fitness Center / Aquila may terminate your access to all or any part of the Website at any time, with or without cause or notice. If you have a paid services account, it can only be terminated by Miami Tower Fitness Center / Aquila if you materially breach this Agreement and fail to cure such breach within thirty (30) days of notice; however, Miami Tower Fitness Center / Aquila may terminate the Website immediately as part of a general service shutdown. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.

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Disclaimer of Warranties
The Website is provided “as is.” Miami Tower Fitness Center / Aquila and their suppliers and licensors disclaim all warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Miami Tower Fitness Center / Aquila do not warrant that the Website will be error-free or uninterrupted. You download content or use services at your own discretion and risk.

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Limitation of Liability
In no event will Miami Tower Fitness Center / Aquila or their suppliers or licensors be liable for: (i) any special, incidental, or consequential damages; (ii) the cost of substitute products or services; (iii) interruption of use or loss of data; or (iv) any amounts exceeding the fees paid by you to Miami Tower Fitness Center / Aquila in the preceding twelve (12) months. Miami Tower Fitness Center / Aquila shall have no liability for failure or delay due to matters beyond their reasonable control.

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General Representation and Warranty
You represent and warrant that: (i) your use of the Website will comply with this Agreement, our Privacy Policy, and all applicable laws and regulations; and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

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Indemnification
You agree to indemnify and hold harmless Miami Tower Fitness Center / Aquila, their contractors, licensors, and respective directors, officers, employees, and agents from any claims and expenses, including attorneys’ fees, arising out of your use of the Website or your violation of this Agreement.

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Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Florida, USA, excluding conflict of law provisions. Any disputes shall be settled by arbitration in Miami FL, in English, in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed under those Rules. The prevailing party shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, the remaining portions remain in full force and effect. You may assign your rights under this Agreement to any party that agrees to its terms; Miami Tower Fitness Center / Aquila may assign their rights without condition.

This Agreement binds the parties and their successors.

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Contact Information
For questions about these Terms, please contact:
Email: info@aquilaltd.com

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