Your Use of Our Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services subject to the Terms. Furthermore and notwithstanding the license granted to you, you agree that you will not violate any laws in connection with your use of the Services. This includes any local, federal, and international laws that may apply to you. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against us, another of our users, or a third party.
You may terminate your account with FITMASS at any time. We also may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use our Services. FITMASS may refuse service to anyone, at any time, for any reason. If you or FITMASS terminates your account, you may lose any information associated with your account. FITMASS further reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Copyrights and Trademarks
All materials contained on the Web Site are Copyright July 2020, FITMASS All rights reserved.
No person is authorized to use, copy or distribute any portion the Web Site including related graphics.
FITMASS and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify us and the goods and/or services provided by us. Such marks may not be used under any circumstances without the prior written authorization of FITMASS.
Correction of Errors & Inaccuracies
We endeavor to present the most recent, most accurate and most reliable information on the Web Site at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your FITMASS.ca purchase you may return it with the original FITMASS.ca packing receipt. Please see our Return Policy.
In the event a FITMASS or FITMASS catalog product is listed at an incorrect price due to typographical error or systems error, FITMASS shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. FITMASS shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
Links to Third-Party Web Sites
FITMASS may provide hyperlinks to third-party web sites as a convenience to users of our Web Site. FITMASS does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. FITMASS does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. FITMASS will have no liability to any entity for the content or use of the content available through such hyperlink.
No Representations or Warranties; Limitations on Liability
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. TO THE EXTENT PERMITTED BY LAW, FIT<ASS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.
For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
We believe that all customers should be able to successfully shop online at www.FITMASS.ca and are currently taking steps to further enhance the accessibility of our site and mobile site. Please see our Website Accessibility Statement here.
FITMASS is committed to complying with the General Data Protection Regulation and the Data Protection Act 2018. The Policy describes the types of personal information we collect on this site and in other ways discussed below, how we may use that information, and with whom we may share it. The notice also describes the measures we take to protect the security of the personal information. We also tell you how you can reach us to ask us to (i) access, change, or not use the personal information you have provided to us; (ii) withdraw any consent you previously provided to us; (iii) tell us to refrain from communicating with you about our products or services; and (iv) answer any questions you may have about our privacy practices.
- What Type of Information We Collect and How We Use It.
Individuals may choose to provide personal information (such as name, contact details, and payment information) through this website and at our flagship store. Here are the ways you may provide the information and the types of information you may submit. We also tell you how we may use the information.
You may be able to purchase FITMASS products on this website. To process your purchase, we ask for information such as your name, billing and shipping address, telephone number, email address, and payment card information. We use this information to process your purchase, confirm your order, and deliver the items to you. If you give us permission, we also may use your contact information to communicate with you about our products, services, and promotions.
If you purchase an item on this site, or ask us to deliver your purchase to someone else, we ask for the recipient’s name, postal address, and email address. We use this information to send the item to the recipient. If you ask us to do so, we also may use this information to notify the recipient of your gift before it arrives.
- Your Account
You may be able to register to create an account on our website. To do so, we ask for information such as your name and email address. You also may provide your age and gender.
As you register, you can store billing and shipping information so you won’t have to enter it again when you make another purchase on this site. You also can store payment card information and details of your past purchases. In addition, you can save your credit card information on your account for faster checkout. To use this feature, we ask you to provide your credit card information and the corresponding billing address.
- Surveys, Promotions & Rewards Programs
On our Website, you may be able to participate in surveys, promotions and rewards programs. If you choose to participate in these surveys, promotions and/or rewards programs, we may ask you for information such as your first and last name, date of birth, email address, postal address, and telephone number. We use the information you provide to administer our surveys, promotions and rewards programs. We also may use the information to communicate with you about our products, services but only if you have given us your consent to do so.
- Electronic Newsletters
You may be able to sign up on this site to receive electronic newsletters and promotional emails from FITMASS, including new ideas, special offers and event information. To sign up, we may ask you for information such as your name, email address, postal address, telephone number, age, gender, shopping preferences and email preferences. We use this information to send you communications about our products and services, invitations to specials sales and events, and notices of new arrivals. We also use this information to tailor our newsletters to reflect your preferences. You can choose at any time not to receive marketing emails from us by clicking on the unsubscribe link within our marketing emails. There is no charge to you to unsubscribe.
- Product Reviews
You may be able to submit product reviews of products you have purchased on our website. You may include personal information in your comment, and you also may submit your name with your comment. We use your name to identify you as a commenter.
- Customer Service
If you communicate with us through any links on our Web Site, we may ask you for information such as your name, email address, ZIP code, and telephone number. We use this information to respond to and communicate with you about your questions and comments.
- Other Site Features
We offer visitors to this website various features for their information and enjoyment, which we may change from time to time. We may ask you to submit certain personal information so we can provide you with these features and send you communications about our products, services, and promotions.
- Information Collected by Automated Means
We obtain certain information by automated means when you visit our website, such as through cookies, web beacons, and web server logs. The information we collect in this manner includes the IP address of the device you use to connect to the internet, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, dates and times of website visits, and the pages accessed. By collecting this information, we learn how to best tailor our website to our visitors and understand what products and services you might prefer. Both we and others (such as our service providers) may collect personal information about our visitors’ online activities over time and across third-party websites.
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Without cookies, however, you may not be able to take full advantage of all our site features. For example, if you turn off cookies or refuse them, you will not be able to make purchases on the site.
Certain pages on this website contain “web beacons” (also known as internet tags, pixel tags, and clear GIFs). Web beacons are used for internal purposes, such as to obtain the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page. We also retain service providers who use web beacons to assess the effectiveness of our email communications and learn what pages our visitors viewed.
We use information collected through these automated means for purposes such as (i) customizing our users’ visits to our website, (ii) delivering content tailored to our users’ interests and the manner in which our users browse our sites, and (iii) managing our sites and other aspects of our business. To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.
We also may use third-party web analytics services, such as those of Adobe Analytics and Google Analytics, to measure the effectiveness of our advertising and determine how visitors use this website. These service providers’ tools, including cookies and web beacons, allow us to collect information such as the state and ZIP code from which our visitors come and the IP addresses of our visitors’ computers. To opt out of aggregation and analysis of data collected by Adobe Analytics and Google Analytics, please click here and here.
- Interest-Based Advertising
You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based, and contextual means. These partners track your online activities over time and across websites by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our website and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. For example, we utilize Criteo targeted advertising services to show you our ads on other websites based on your prior visits to our site and other online activity. You can opt out of this feature by clicking email email@example.com
- Customer Satisfaction Surveys
When you buy products, we may ask you to complete a customer satisfaction survey. If you choose to do so, you may provide information such as your name, email address, telephone number, age, gender, and other demographic information, in addition to your comments. Providing any of this information is optional. We use the information you provide to improve our products and services, and to enhance your shopping experience.
- Other Ways We Collect Personal Information
- Information We Share
We do not sell or otherwise disclose personal information about our customers, except as described here. We also may share the information with our service providers who perform services on our behalf based on our instructions. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
- How We Protect Personal Information
We maintain appropriate administrative, technical, and physical safeguards to protect the personal information you provide on this website or in our stores against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. We use Secure Sockets Layer (“SSL”) technology to protect the transmission over the internet of your payment card data. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure site, the first characters of the site address change from “http” to “https.” If you are using a web browser or firewall that does not permit communications through secure sites, you will not be able to make purchases on our site.
We strive to protect the confidentiality and security of Social Security numbers (“SSNs”) in our possession, custody, or control by employing reasonable safeguards seeking to (i) restrict employee access to and use of SSNs, (ii) prevent unauthorized third-party access to SSNs, and (iii) prohibit unlawful disclosure of SSNs.
- Access and Correction
Subject to applicable law, we provide you with access to personal information we have retained about you and the ability to review, correct, update, block, or delete the information where it is inaccurate. Subject to applicable law, we may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances. Please submit your request to _____________________. Please include your name, email address, and postal address in your request.
- Children’s Privacy
Our Website is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on this site, we will delete the information from our records.
- Governing Law and Jurisdiction
- No Warranties
TO THE EXTENT PERMITTED BY LAW WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS POLICY, OUR WEBSITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE, OR ANY SITES LISTED THEREIN, AND THE WEBSITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW IN NO EVENT WILL THE WEB SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF THE WEB SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE.