Terms of Service | Refunds and Returns | Privacy Policy

MODERNFIT.COM TERMS OF SERVICE

These Terms of Use (“Terms”) govern all use of Modern Fit Club (“ModernFit.com”). ModernFit.com includes ModernFit.com and other sites owned or operated (“Site”). By using and accessing the Site, you agree to these Terms, the Privacy Policy, other policies, and all applicable laws and regulations.

If any ModernFit.com services have additional terms and conditions, privacy statements, or other policies (“Separate Terms”), then those Separate Terms shall apply in connection with your use of that ModernFit.com service. To the extent there is a direct conflict between the Separate Terms and these Terms, the Separate Terms shall govern. If you do not want to be bound by these Terms, do not use the Site.

ModernFit.com is primarily an online retailer of third-party brands and all product information is provided by the brand owner and is for information purposes only. Actual product packaging may contain different information than is displayed on our site. DO NOT RELY SOLELY ON THIS INFORMATION. ALWAYS READ LABELS, WARNINGS AND FOLLOW DIRECTIONS ON THE PRODUCT LABEL BEFORE USE. YOU HEREBY WAIVE ANY LIABILITY AGAINST ModernFit.com FOR INACCURACIES OR MISSTATEMENTS RELATED TO PRODUCTS MANUFACTURED BY THIRD PARTIES.

ModernFit.com reserves the right to suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms or any Separate Terms related to a service, for infringing copyright, or for any other reason.

1. CHANGES IN TERMS

ModernFit.com has the sole right at any time and without prior notice to revise these Terms. ModernFit.com will post changes on the Site and it is your responsibility to review these Terms and any modifications.

2. TERMINATION

ModernFit.com has the right at any time and without prior notice to terminate some or all of ModernFit.com services, any feature or portion thereof, or any products or services offered, and to terminate your right to access or use ModernFit.com services or any feature or portion thereof.

3. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws and regulations regarding your use of the Site. You must be at least 13 years old to use ModernFit.com. See the Children’s Personal Information section of the Privacy Policy.

4. CONTENT

The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other material on the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.

The Content may contain errors, omissions, or may be out of date. ModernFit.com may change, delete, or update Content at any time. The Content is provided for informational purposes only and is not binding on ModernFit.com.

All content, logos, graphics, pages, scripts, and service names included in or made available through any Site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the U.S. and other countries. ModernFit.com’s intellectual property may not be used without ModernFit.com’s written permission. All other trademarks and service marks not owned by ModernFit.com that appear in any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ModernFit.com.

You may view and use the Content for your personal information and for ordering and for no other purpose. ModernFit.com does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site.

5. NOTICE AND PROCEDURE FOR ADDRESSING INTELLECTUAL PROPERTY CONCERNS

If you have any concerns related to intellectual property on the site, please provide the ModernFit.com copyright agent the following:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property at issue;
  • The location of the material giving rise to the concern on the Site;
  • Your address, telephone number, facsimile number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
  • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

Notification should be sent to: [email protected]

6. PRODUCT REVIEWS

Product reviews appearing on the Site are prepared by third-parties (including, but not limited to, review pages, message boards, forums, text files, chats, etc.). ModernFit.com has not determined whether a specific reviewer’s experience is what an average or typical customer may expect to achieve.

7. ACCOUNTS

Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify ModernFit.com at

[email protected]

of any unauthorized use of your username, password, other account information, or any other breach of security involving or relating to the Site.

8. USER CONTENT

The Site allows you to post content, including, but not limited to, photos, reviews, ideas, suggestions, links, and other materials. Anything that you post or otherwise make available on or in connection with the Site is referred to as “User Content.” This content also includes content collected in our ModernFit Athlete intake forms. User Content is non-confidential, non-proprietary, and may be used by ModernFit.com, ModernFit.com vendors, or their affiliates for any purpose without further permission, consent, payment, or other consideration, unless prohibited by law. You agree that as a condition of permitting you to submit User Content, you grant ModernFit.com, ModernFit.com’s affiliates, and any sub-licensees, subject to the Privacy Policy, a non-exclusive, irrevocable, royalty-free, worldwide, fully sub-licensable, perpetual right and license to use, copy, publicly perform, digitally perform, publicly display, and distribute User Content, including the use of your name, alias, and any other information (provided by you), and to prepare derivative works based on, or incorporate into other works, User Content, with or without attribution. You represent and warrant that any User Content is in compliance with all applicable laws and regulations, and it is not composed of and does not contain viruses, solicitations, or any form of spam. Your submission of User Content constitutes an agreement that you will defend, indemnify, and hold ModernFit.com harmless for all claims resulting from User Content you supply.

ModernFit.com is not responsible for, and does not endorse the opinions, advice or recommendations in User Content and specifically disclaim all liability in connection therewith.

ModernFit.com reserves the right to modify, review, delete and refuse to post User Content for any reason.

9. PUBLIC FORUMS AND COMMUNICATION

“Forum” means an area, site or feature offered as part of a Site that allows users to distribute User Content for viewing by Site users, including a chat area, message board, messaging, social community environment, profile page, blog, and e-mail function.

You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Content. You further agree that your communications will comply with all rules set forth in section 10 below. ModernFit.com cannot guarantee the security of any User Content and you make such disclosures at your own risk. ModernFit.com has no duty to monitor any Forum.

10. RULES OF CONDUCT

By using the Site, you agree that you will not submit any User Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including User Content that is or represents an attempt to engage in child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations) unless specifically authorized by ModernFit.com; (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; (i) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (j) is antisocial, disruptive, or destructive, including flaming, spamming, flooding, trolling, and griefing as those terms are commonly understood and used on the internet.

11. DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE ModernFit.com.COM SITE AND CONTENT

UNLESS PROHIBITED BY APPLICABLE LAW, ModernFit.com MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO ModernFit.com, ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. ModernFit.com ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF ModernFit.com OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT ModernFit.com OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH ModernFit.com IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE ModernFit.com SERVICES.

UNLESS PROHIBITED BY APPLICABLE LAW, ModernFit.com SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT ModernFit.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL ModernFit.com BE LIABLE TO YOU FOR ANY AMOUNT.

12. ELECTRONIC COMMUNICATION AND MARKETING

By using the Site you consent to receive communications from ModernFit.com or any of our third party vendors, partners, or affiliates electronically. ModernFit.com or any of our third party vendors, partners, or affiliates will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements and other communications that ModernFit.com or any of our third party vendors, partners, or affiliates provides electronically satisfies any legal requirement that such communications be in writing.

13. LINKED THIRD PARTY SITES

Links to other websites operated by third parties, including ModernFit.com vendors, do not constitute sponsorship, endorsement, or approval by ModernFit.com of the content, policies, or practices of such linked sites. ModernFit.com does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience and you access them at your own risk.

14. PRICES; ORDERS

All purchases and orders are subject to the Conditions of Sale.

Suggested Retail Price (“SRP”) is provided by the manufacturer and is the manufacturer’s representation of value. Sales may or may not be made at this price. This price does not necessarily represent the prevailing retail price in every community, and may not represent the price at which ModernFit.com sells the product.

ModernFit.com may add shipping and handling fees and applicable sales/use or value added tax. ModernFit.com reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through ModernFit.com.

ModernFit.com reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from ModernFit.com, for any reason. ModernFit.com reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, ModernFit.com shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ModernFit.com shall promptly issue a credit to your credit card account in the amount of the incorrect price.

The risk of loss and title for all products purchased by you and shipped by ModernFit.com pass to you upon ModernFit.com’s delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of ModernFit.com’s vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.

15. TRANSPARENCY IN SUPPLY CHAIN DISCLOSURE

The state of California requires the following disclosure statement as of January 1, 2012, pursuant to the “Transparency in Supply Chain Act of 2010”.

 

http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0651-0700/sb_657_bill_20100930_chaptered.pdf

 

Most nutritional supplements sold by ModernFit.com are manufactured in the U.S., in accordance with applicable U.S. labor laws. Some ingredients are sourced from foreign countries but U.S. manufacturers are required (per Good Manufacturing Practices outlined at 21 C.F.R. 111.260) to test ingredients for purity prior to use in nutritional supplements.

ModernFit.com is committed to conducting business in compliance with applicable law. ModernFit.com exhibits and promotes the highest standards of honest and ethical conduct in our dealings. ModernFit.com employees are expected to conduct themselves with honesty and integrity, and we recognize the important role manufacturers, ingredient suppliers and business partners play in helping us fulfill our commitment to ethical and responsible retailing.

ModernFit.com is a retailer not a manufacturer, but ModernFit.com is not aware of any unethical or illegal labor practices in connection with any ingredient sourced outside the U.S. We do not audit and assess each product manufacturer’s sourcing practice. ModernFit.com is aware of the importance of ethical sourcing, and if ModernFit.com identifies a product manufacturer who does not meet ModernFit.com’s expectations (including avoiding ingredients manufactured with trafficked labor), ModernFit.com will work with them to take corrective action or discontinue selling products manufactured by them.

16. MOBILE SERVICES

The Site may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from ModernFit.com, and access certain other features. Mobile devices and/or mobile apps may be subject to additional terms and conditions.

17. PERSONALIZED PLANS

ModernFit.com personalized plans are provided by independent, third-party trainers that are not ModernFit.com employees. By purchasing one of our plans you agree to to our liability clause laid out in section 18, and that ModernFit.com SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, OR $100 (WHICHEVER IS LESS).

18. DISCLAIMER AND LIMITATION OF LIABILITY

ModernFit.com provides the Site (including all Content) “as is” without warranty of any kind, whether express or implied. You are solely responsible for damage that results from the use of the Site including, but not limited to, damage to your computer system or loss of data.

MODERNFIT.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

ModernFit.com SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, OR $100 (WHICHEVER IS LESS).

19. HOLD HARMLESS AND INDEMNITY

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify ModernFit.com, its parent company, and their respective subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

20. DISPUTE RESOLUTION

By using the Site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Los Angeles, California in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

These Terms of Use shall be construed in accordance with the laws of the state of California, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in California and you will initiate any claim in connection with use of the Site or these Terms of Use in Los Angeles, California.

Nothing in this Section shall prevent ModernFit.com from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.

21. GENERAL TERMS

  1. Entire Agreement/Severability. These Terms of Use, together with the App Terms, Privacy Policy, and Conditions of Sale and any amendments and any additional agreements you may enter into with ModernFit.com, shall constitute the entire agreement between you and ModernFit.com. If any provision of these Terms of Use is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.
  2. No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ModernFit.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  3. Defined Words. Any capitalized words used herein and not otherwise defined are defined in ModernFit.com’s Conditions of Sale, App Terms, or Privacy Policy.

Last Updated: August 21, 2017

MODERNFIT.COM Privacy Policy

At ModernFit.com, we want you to know how we collect, use, share, and protect information about you. By interacting with ModernFit.com through our website and mobile applications, you consent to the use of information that is collected or submitted as described in this Privacy Policy.

We may change or add to this Privacy Policy, so we encourage you to review it periodically. By using this site or application, you agree to the collection, use, and transfer of your data as described in this Privacy Policy. We may collect your personal information from, transfer it to, and store and process it in the United States and other countries outside of where you live. If you do not want your information to be collected, used, and transferred as described by this policy, you may revoke your consent to our Privacy Policy. To revoke your consent, please e-mail [email protected]. If you revoke your consent, your account and profile information will be removed from our website.

Information collected on our sites and applications is stored in the United States; therefore, your information may become subject to U.S. law. By using our website or mobile applications, you consent to the transfer of your data overseas and across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. The laws governing data in your home country may differ from those in the countries to which data is transferred. By accessing and using our website and mobile applications, you consent to the transfer of your data in this manner.

Scope of this Policy

This policy applies to information we collect or use on sites and applications owned or controlled by ModernFit.com or its affiliates (“ModernFit.com”). This policy applies to all of the services offered by ModernFit.com and its affiliates, including services ModernFit.com provides on mobile devices.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags, and other technologies to serve and offer relevant ads.

ModernFit.com and the EU – U.S. Privacy Shield

ModernFit.com complies with the EU – U.S. Privacy Shield Framework for personal information transferred to the United State from users in the EU. Under the Framework, ModernFit.com is subject to the Federal Trade Commission’s enforcement powers. ModernFit.com complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. ModernFit.com has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

In compliance with the EU-US Privacy Shield Principles, ModernFit.com commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact ModernFit.com at [email protected].

ModernFit.com has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU Privacy Shield, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Finally and in certain circumstances, EU individuals may also have the right to invoke binding arbitration before the Privacy Shield Panel. Please see https://www.privacyshield.gov/article?id=C-Pre-Arbitration-Requirements for more information on the binding arbitration option.

Our Technology

What are cookies? A cookie is a small text file stored on a user’s computer for record-keeping purposes. There are two types of cookies:

  • Session cookies are used to make it easier for you to navigate on websites. A session ID cookie expires when you close your browser.
  • Persistent cookies are used to run our technology as they enable us to track and target the interests of our users to enhance the experience on our websites. Persistent cookies remain on your hard drive for an extended period of time. You can remove persistent cookies by following the directions provided in your internet browser’s ‘help’ file.

What are pixel tags? A pixel tag (also commonly known as a web beacon) is a type of technology placed on a website or within the body of an e-mail for the purpose of tracking activity on websites, or when e-mails are opened or accessed, and is often used in combination with cookies.

Other Environments (mobile applications)

In environments that do not support cookies, such as mobile applications, we may use other similar technologies for the same purpose of cookies. To serve our ads in mobile applications we collect identifiers, such as a Google Advertising ID or Apple IDFA, depending on the operating system of your mobile device.

Linking Environments

To serve you our personalized advertisements and provide a seamless online experience, we may link your identifiers on the different environments you are using. At no point do we collect identifying personal data such as your name or address to operate the linking.

Information We Collect

ModernFit.com collects information to provide better services to our valued users. We collect information in the following ways:

  • Information you give us. For example, ModernFit.com collects personal information when you create an account with ModernFit.com; when you place an order; when you enter promotions or sweepstakes, such as your name, email address, birth date, gender, and ZIP code; and when you use our online forum.
  • Information we get from your use of our services. We collect information about the services that you use and how you use them, such as information about how you use our sites and mobile applications, visit a website that uses our advertising services, view or interact with our ads and content, and information about your computer or mobile device. This information may include:
  • Device Information
  • We collect device-specific information such as your hardware model, operating system version, unique device identifiers, and mobile network information including your phone number. ModernFit.com may associate your device identifiers or phone number with your ModernFit.com account.
  • Log Information
  • When you use our services or view content provided by ModernFit.com, we automatically collect and store certain information in our server logs. This includes:
  • Details of how you use our services (e.g., your search queries).
  • IP address
  • Device event information such as crashes, system activity, hardware setting, browser type, browser language, the date and time of your request, and referral URL
  • Cookies that may uniquely identify your browser on your ModernFit.com account
  • Location Information
  • When you use ModernFit.com services, we may collect and process information about your actual location. We use various technologies to determines location, including your IP address, GPS, and other sensors that may, for example, provide ModernFit.com with information on nearby devices, Wi-Fi access points, and cell towers.
  • If you have downloaded one or more of our mobile applications, you may have the option to opt-in to location sharing for additional application capabilities. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services. Most likely, these controls are located in the devices’ settings menu; however, if you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.
  • Unique Application Numbers
  • Certain services include a unique application number. This number and information about your installation may be sent to ModernFit.com when you install or uninstall a certain service or when a service periodically contacts our servers, such as for updates.
  • Local Storage
  • ModernFit.com may collect and store information – including personal information – locally on your device using mechanisms such as browser web storage and application data caches.
  • Cookies and Similar Technologies
  • ModernFit.com may set and access cookies on your computer. We may also set and access device identifiers which may include your IP address, user agent information (e.g., browser version, OS type, and version), and device-provided identifiers. Once you interact with our services, site(s), and/or application(s), ModernFit.com may recognize your device to provide you with a personalized experience, independent of your device settings.
  • ModernFit.com lets other trusted business use cookies or similar technologies for advertising and research purposes on our services. This information is used to serve ads for ModernFit.com products or services or for the products or services of other companies when you visit this website or other websites. These companies use non-personally-identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and personally identifiable information (e.g., static IP address) during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These parties typically use a cookie, web beacon, or other similar tracking technologies to collect this information. Other companies’ use of their cookies and device identifiers is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to ModernFit.com’s cookies. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://networkadvertising.org/.
  • ModernFit.com uses web beacons to access ModernFit.com cookies inside and outside our network of websites and in connection with ModernFit.com products and services.
  • E-mail Communications
  • To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from ModernFit.com or its affiliates if your computer supports such capabilities.
  • Social Media. ModernFit.com engages with guests on multiple social media platforms (e.g., Facebook, Instagram, Twitter, and Pinterest). If you contact us on ore of our social media platforms, we may contact you via direct message. In these instances, your interactions with us are governed by this privacy policy as well as the privacy policy of the social media platform you use.
  • Social Media Widgets. Our sites and mobile applications include social media features, such as the Facebook “Like” button, Google Plus, Pinterest, and Twitter widgets. These features may collect information about your IP address and which page you’re visiting on our site, and they may set a cookie or employ other tracking technologies. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.

Cookies, Tracking, and Interest-Based Advertising

The “help” function of your browser should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time. If you set your device to not receive cookies at any time, certain personalized services cannot be provided to you, and accordingly, you may not be able to take full advantage of all of our features.

Third-Party Advertisers and Links to Other Websites

Our site includes third-party interest-based advertising using information you make available to us when you interact with our sites, content, or services. Interest-based ads are displayed to you based on information from activities such as purchasing on our sites, visiting sites that contain ModernFit.com content or ads, or interacting with ModernFit.com tools.

How is Your Information Used?

Examples of how we use the information we collect include:

  • Product and Service Fulfillment
  • Fulfill and manage purchases, orders, payments, and returns/exchanges
  • Respond to requests for information about our products and services on our website, mobile website, or mobile applications, or to otherwise serve you
  • Connect with you regarding customer service via our contact center or social media platforms
  • Administer sweepstakes and contests
  • Allow you to, via our website or mobile applications, sign up for our e-mail newsletter, search for products and check availability, check prices, provide product ratings and reviews, track your orders, update account information, etc.
  • Our Marketing Purposes
  • Deliver coupons and promotions, newsletters, e-mails, mobile messages, and social media notifications from modernfit.com and from Modernfit.com partners, vendors, or affiliates
  • Provide interactive features on the website or mobile applications, such as product reviews or weekly deals, send marketing communications and other information regarding, products, services, and promotions
  • Administer contests, sweepstakes, promotions, surveys, etc.
  • Internal Operations
  • Improve the effectiveness of our website, stores, mobile experience, and marketing efforts
  • Conduct research and analysis, including surveys
  • Perform other business activities as needed
  • Legal Compliance
  • For example, assist law enforcement and respond to legal/regulatory inquiries

Information We Share

We do not share personal information with companies, organizations, and individuals outside of ModernFit.com unless one of the following circumstances applies:

  • With Your Consent: We will share personal information with companies, organizations, or individuals outside of ModernFit.com when appropriate.
  • For External Processing: We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
  • Service Providers: We may share the information we collect with companies that provide support services to us (such as e-mail providers, mobile marketing services, analytics providers, web hosting providers, call center/chat providers, sweepstakes vendors, payment processors, data enhancement services, or fraud prevention providers) or that help us market our products and services. These companies may need information about you in order to perform their functions.
  • For Legal Reasons: We will share personal information with companies, organizations, or individuals outside of ModernFit.com if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to:
    • Meet any applicable law, regulation, legal process, or enforceable governmental request.
    • Enforce applicable Terms of Use, including investigation of potential violations.
    • Detect, prevent, or otherwise address fraud, security, or technical issues.
    • Protect against harm to the rights, property, or safety of ModernFit.com, our users, or the public as required or permitted by law.

This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes.

If ModernFit.com undergoes a merger, corporate reorganization, acquisition, or asset sale, your personal data may be shared. If you do not want us to share your personal data in these manners, please do not provide it to us.

Please note that ModernFit.com may be required to release an individual’s personal information in response to lawful requests by public authorities in order to meet national security and/or law enforcement requirements.

In the context of an onward transfer, ModernFit.com has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. ModernFit.com shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.

Accessing and Updating Your Personal Information

ModernFit.com acknowledges the individual’s right to access their personal data. Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.

We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).

Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

You have the right to request information about the personal data we hold on you. If your data is incorrect, incomplete, or irrelevant you can ask to have the information corrected or removed. To access or update your personal information e-mail [email protected] with your current contact information and the personal information you would like to access. We will provide you the personal information requested if reasonably available, or will describe the types of personal information we typically collect.

E-mail Opt-out

Modernfit.com and third party vendors, partners, and affiliates communicate with users who subscribe to our services on a regular basis via e-mail. For example, we may use your e-mail address to confirm your request, to send you notice of payments, to send you promotions, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.

However, we provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on the Sites. The opt-out choice may be exercised by ticking or unticking the appropriate box if such checkbox is available at the points where personal data is collected or by contacting us. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.

Mobile

  • Push Notifications: You may at any time opt-out from further allowing ModernFit.com to send you push notifications by adjusting the notification permissions in the Settings on your mobile device.
  • Geo-location: You may at any time opt-out from further allowing ModernFit.com to access location data by adjusting the permission in your mobile device.

How is Your Personal Information Protected?

Security Methods: We maintain administrative, technical, and physical safeguards to protect your personal information. When we collect or transmit sensitive information, we use industry standard methods to protect that information. However, no e-commerce solution, website, mobile application, database, or system is completely secure or “hacker proof.” You are also responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.

E-mail Security: “Phishing” is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking for your personal information, do not respond. We will never request your password, username, credit card information, or other personal information through e-mail.

Children’s Personal Information: We recognize the particular importance of protecting privacy where children are involved. We do not knowingly collect personal information online form children under the age of 13. If a child under the age of 13 has provided us with personal information online, we ask that a parent or guardian e-mail [email protected].

California Privacy Rights

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact us at [email protected]. For all requests, you must include your full name, street address, city, state, and zip code. We will not accept requests via telephone, postal mail, or facsimile, and we are not responsible for notices that are not labeled or sent property, or that do not have complete information.