Please review these Terms of Service thoroughly before utilizing Our Services.
Interpretation and Definitions
Understanding the Terms
The terminology used throughout this agreement carries specific meanings as defined under the following conditions. These definitions maintain consistent interpretation whether they appear in singular or plural form.
Definitions
For the purposes of this Terms of Service Agreement:
Affiliate refers to any entity that exercises control, is controlled by, or operates under common control with a party, where "control" signifies ownership of 50% or more of shares, equity interest, or other securities with voting rights for director elections or management authority.
Country refers to: New York, United States
Company (referred to as "the Company", "We", "Us" or "Our" throughout this Agreement) represents Aqua Tower.
Device encompasses any technological apparatus capable of accessing the Service, including computers, smartphones, or digital tablets.
Service refers to the official Website and associated offerings.
Terms of Service (also referenced as "Terms") constitute this comprehensive agreement governing the relationship between You and the Company regarding Service utilization.
Third-party Social Media Service includes any services, content, data, information, products, or services provided by external entities that may be displayed, incorporated, or made accessible through our Service.
Website refers to Aqua Tower's official online presence, accessible from https://aquatower-us.us/
You designates the individual accessing or utilizing the Service, or the company, organization, or legal entity on whose behalf such individual is accessing or using the Service.
Agreement Acknowledgment
These Terms of Service establish the legal framework governing the use of our Services and define the operational agreement between You and the Company. These provisions outline the rights and responsibilities of all users concerning Service utilization.
Your access to and utilization of our Services is conditional upon Your acceptance of and adherence to these Terms of Service. These conditions apply universally to all visitors, users, and individuals who access or employ our Services.
By accessing or utilizing our Services, You explicitly agree to be legally bound by these Terms of Service. Should You disagree with any provision within these Terms, You must immediately discontinue Service access.
You affirm that you are at least 18 years of age. The Company explicitly prohibits individuals under 18 from accessing our Services.
Your Service access and utilization further depend upon Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy comprehensively details our practices and procedures regarding the collection, utilization, and disclosure of Your personal information when You engage with our Application or Website, while informing You about Your privacy rights and legal protections. We strongly recommend reviewing Our Privacy Policy meticulously before utilizing Our Services.
External Website Links
Our Services may incorporate links to third-party websites or services not owned or controlled by the Company.
The Company exercises no control over, and consequently assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly recommend that You review the terms of service and privacy policies of any third-party websites or services that You visit.
Service Termination
We reserve the right to terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to utilize our Services will cease immediately.
Liability Limitations
Notwithstanding any damages that You might incur, the total liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all foregoing matters shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Dispute Resolution
If You have any concern or dispute about the Service, You agree to first attempt to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Modifications to These Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Information
If you have any questions about these Terms of Service, You can contact us:
By email: support@aquatower-us.us