All benefits are subject to discontinuation, change, modification, improvement or substitution without notice and Refresh Miami makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereto.
Membership Term; Renewals. A member shall be entitled to all of the benefits available to members of Refresh Miami for the ensuing twelve-month period under the annual plan, or the ensuing month under the monthly plan, commencing on the date of acceptance of the member’s application for enrollment (the “Membership Term”). Refresh Miami reserves the right, at its sole discretion, to change the terms and conditions of this Agreement at any time, with or without notice to any Member, or to cancel this Agreement.
Electronic Disclosure and Consent. Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. Refresh Miami will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided. It is your responsibility to maintain accurate contact information in your member profile and contact Refresh Miami immediately if your electronic or US postal mail address changes and you are unwilling or unable to update the information online. You can contact Refresh Miami to inform Refresh Miami of such changes through the website.
Refresh Miami Membership Fee; Renewal Fees. The current Refresh Miami membership fee (the “Membership Fee”) will be automatically billed to member’s designated credit card account or other authorized billing source (e.g., debit card) on a monthly or annual recurring basis as authorized upon enrollment. Any member who uses a debit card as the designated credit card account acknowledges that Refresh Miami will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of the Membership Fee to a debit card provided by the member. Unless member cancels their Refresh Miami membership or alters their auto-renewal status through the member profile prior to the end of member’s then-current Membership Term, Refresh Miami will automatically renew membership at the end of such then-current Membership Term as authorized upon enrollment and bill the then-current renewal Membership Fee to the designated billing source.
Right to Cancel; Refund of Refresh Miami Membership Fee. Members have the right to terminate this Agreement and membership in Refresh Miami at any time. A member may cancel this Agreement and membership in Refresh Miami, or their auto-renewal, through their member profile, once logged into the website; or by sending such request to Refresh Miami at team@refreshmiami.com. If member cancels their membership before the end of a Membership Term for which member has paid the Membership Fee, the member cannot receive a refund of such Membership Fee nor any portion thereof. Due to the nature of the services provided by Refresh Miami (many of which are accessible immediately upon acceptance) it is understood that refunds cannot be issued. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement or the Refresh Miami membership. If member feels that they have been billed multiple times for the Member Service for one Membership Term, Member should promptly send notice of such, including all membership contact details, billing dates, transaction details and the credit card and/or debit card number that it was billed to team@refreshmiami.com.
Refresh Miami Member Representation and Obligations. In return for the discounts and benefits available under the Refresh Miami Membership, each member acknowledges such member’s obligations to Refresh Miami as follows: (a) you have read the “Membership Terms & Conditions” carefully, and understand the provisions of the Refresh Miami Membership and the billing method for the payment of the annual or monthly Membership Fee; (b) You may cancel your Refresh Miami membership at any time prior to the conclusion of the then current Membership Term and will not be entitled to a refund of the pro rata unused portion of the Membership Fee, (c) the Membership Term will renew automatically effective the first day following the conclusion of the existing Membership Term unless you elect to cancel in accordance with this Agreement; (d) the benefits of membership in Refresh Miami are not assignable without the express written consent of Refresh Miami and you will use your membership only for personal, non commercial use. You agree not to share any proprietary information supplied you by Refresh Miami including but not limited to coupon codes, discounts, incentives, and the like to any third-party, individual, entity or institution. A violation of this provision will result in your forfeiture of membership in Refresh Miami, and (e) Refresh Miami assumes no responsibility for the payment of or contribution to any use or sales tax on Benefits that may be imposed by any state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Benefits, as the case may be.
Governing Law; Arbitration. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Florida. Any dispute arising between you and Refresh Miami will be submitted to arbitration in the State of Florida in accordance with the rules of the American Arbitration Association then in effect. Nothing herein stated shall deprive you of the benefits of your state’s consumer protection laws.