GOOMODERN | Legal/Terms

User Agreement

This Web site is operated by GOOMODERN Group. The Web site address for GOOMODERN GROUP is http://www.goomodern.com. The mailing address for GOOMODERN.com is PO BOX 27130, 1395 Marine Drive, West Vancouver, BC.

All users of this Web site agree that their access to and use of this Web site are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user’s own risk. These terms and conditions further are subject to change at any time without prior notice. Any such changes will be reflected on the Legal Notice page of the GOOMODERN.com Web site.

By making a purchase from GOOMODERN.com, you understand and agree that GOOMODERN.com may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.

All content, graphics, code and software used on or incorporated into this Web site, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to GOOMODERN.com, Inc., and all rights thereto are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from this Web site solely for personal, non-commercial purposes related to the placement of an order or shopping with GOOMODERN.com. Any other use of this Web site or content or information contained in this Web site is strictly prohibited, unless the written permission of GOOMODERN.com first is obtained.

GOOMODERN.com, as well as page headers, custom graphics, buttons, images and other content on this Web site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by GOOMODERN.com, or subsidiaries of The GOOMODERN GROUP. Other trademarks, product names and company names or logos used on this Web site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Web site is strictly prohibited.

This Web site may contain typographical errors or inaccuracies and may not be complete or current. GOOMODERN.com therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products. The receipt of an e-mail order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

GOOMODERN.com has made every reasonable effort to display as accurately as possible the colors of the products that appear on the site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. GOOMODERN.com does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on this site, please contact us. If for any reason you are not satisfied with any products you purchase on this site you can return them to our warehouse – according to GOOMODERN’S Return Policy.

This Web site, and any information or content on this Web site, are provided “as is,” with all faults. GOOMODERN.com makes no representations or warranties of any kind, whether express or implied, with respect to this Web site or content or information available on or through this Web site. Except as otherwise provided under applicable laws, neither GOOMODERN.com nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this Web site or any other Web site linked to this Web site. This limitation of liability applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if GOOMODERN.com is notified in advance of the potential for any such damages.

Conduct of Users
You are entirely responsible and liable for all activities conducted by you and by anyone who logs into GOOMODERN.com with your User Name. In addition to the guidelines listed above, below are some, though not all, violations that may result in the termination of your access. By using the Site, you are agreeing to the following rules of conduct as well as the guidelines set forth above. You agree not to do any of the following actions while using the Site:

Transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials (“Content”) that is or which GOOMODERN.com considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable;
Attempt to transmit any “virus”,”trojan horse” or other software destruction or disruption device;
Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner
Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; and
Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.

Acceptance of all orders by GOOMODERN.com occurs only upon shipment from GOOMODERN warehouse in Franklin Park, Illinois. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this site, or published in any catalog or other advertisement. GOOMODERN.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, GOOMODERN.com is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the site, GOOMODERN.com is not obligated to include a refund of any shipping and handling charges except when the return is for defective product and GOOMODERN.com shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related Order or credit to customer’s account for future purchase.

GOOMODERN.com does not make any representations or warranties about any Web site you may access through this Web site. Any such Web site is independent from GOOMODERN.com, and GOOMODERN.com has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Web site. A link between GOOMODERN.com and another Web site further does not mean that GOOMODERN.com endorses that Web site. You need to make your own independent decisions regarding your interactions or communications with any other Web site.

GOOMODERN.com does not want to receive confidential, proprietary or trade secret information through this Web site (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to GOOMODERN.com will be deemed non-confidential. And, by submitting any such information, you are granting GOOMODERN.com an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

Privacy Policy Notice

At GOOMODERN.com, we value our customers’ trust and respect their privacy. The following includes general information about our privacy policy and applies to all Canadian and U.S. transactions (through our catalog businesses, or on our internet Web site).

Types of personal information we collect

We gather various types of Personal Information from our users, as explained more fully below. We may use this Personal Information to, among other things, personalize and improve our services, allow our users to set up a user account and profile, contact users, fulfill your requests for certain products and services, analyze how users utilize the Website, or as otherwise set forth in this Privacy Policy. We may share certain types of Personal Information with third parties (as described in this Section and in Section III below). We collect the following types of information:

A. Information You Provide to Us:

We receive and store any information you knowingly provide to us. For example, we collect Personal Information such as your name, username, phone number, credit card and other billing information, email address, shipping address, and your friends’ email addresses (which we will only use in order to invite them to use the Service). We may also collect information you supply to us regarding your personal preferences and interests. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to register with us or to take advantage of some or all of our features.

We may anonymize your Personal Information so that you cannot be individually identified and provide that anonymized information to our partners. For example, we allow advertisers to choose the demographic information of users who will see their advertisements and you agree that we may use any of the information we have collected from you in non-personally identifiable form to allow our advertisers to select the appropriate audience for those advertisements. We might use the fact you have purchased or inquired about a certain brand of apparel, for instance, to show you advertisements for the company that sells that brand, but we will not tell that company who you are.

B. Information Collected Automatically:

Whenever you interact with our Website, we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested. “Cookies” are identifiers we transfer to your computer or device that allow us to recognize your browser or device and tell us how and when pages in our Website are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your computer’s or device’s acceptance of cookies, but doing so may prevent you from taking advantage of our Website’s best features. Our advertising partners may transmit cookies to your computer or device when you click on ads that appear on our site. This Privacy Policy does not cover cookies delivered to you by any of our advertisers.
When we collect usage information (such as the numbers and frequency of visitors to the Website), we only use such data in aggregate form, in a manner that assures your anonymity. We may provide this aggregate usage information to our partners; our partners may use such information to understand how often and in what ways people use our Website, so that our partners, too, can endeavor to provide you with an optimal online experience.

C. E-mail and Other Communications:

We may contact you, by email or other means. For example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Website. Also, we may receive a confirmation when you open an email from us. If you do not want to receive email or other mail from us, please indicate your preference by changing your account settings accordingly

How we use and share personal information
We neither rent nor sell your Personal Information in personally identifiable form to anyone. We share your Personal Information in personally identifiable form with third parties only as described below:

A. Affiliated Businesses and Third Party Websites We Do Not Control:

In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that we deem it related to such transaction or service

B. Agents:

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we inform you otherwise, our agents do not have any right to use the Personal Information we share with them beyond what we deem necessary to assist us in performing such tasks.

C. User Profiles and Content:

Certain user profile information, including without limitation a user’s username and the image content that such user has uploaded to the website may be displayed to other users to facilitate user interaction within the Website or address your request for our services. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your username may also be displayed to other users if and when you post comments or upload images through the Website and other users can contact you through such comments.

D. Business Transfers:

We may choose to buy or sell assets. In these types of transactions, customer information (which may include your Personal Information) is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, Personal Information would be one of the assets transferred to or acquired by a third party.

E. Protection of Fab and Others:

We may release Personal Information when we believe in good faith that release is necessary to comply with laws; enforce or apply our conditions of use and/or other agreements; or protect the rights, property, or safety of Fab, our employees, our users, or others. We may exchange information with other companies and organizations (including governmental authorities) for fraud protection and credit risk reduction.

F. With Your Consent:

Except as set forth in this Privacy Policy, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

Effective Date: April 15, 2010

Legal/Terms