- Legal Notices
- Contents and Hyperlinks
- Privacy
- Products and Services
- No Representations or Warranties
- Limitations of Liability
- Jurisdiction and Choice of Law
- Trademarks and Copyrights
- General
- Terms of Sale for Online Sales
- Contact Information
LEGAL NOTICES
Materials provided in the instruction guides, MioSense booklets, or on www.miowatch.com is for information purposes only. Any MIO watch described is subject to change without prior notice due to the manufacturer's continuous development program. MIO watches, instruction guides and MioSense booklets are intended to support a sensible approach to health and fitness. They are not intended to replace professional medical advice related to diet, exercise or weight loss.
Physi-Cal Enterprises shall not be liable for any damages, direct or incidental, consequential or special arising out of, or related to, the use of MIO and accompanying documents. If you experience severe or prolonged discomfort or pain at any time, see your doctor immediately. The information provided in the instruction manuals, MioSense booklets and www.miowatch.com may not be appropriate to specific users. In particular: maximum heart rate. MIO uses complex formulae that generally predict the heart rate based upon studies of subjects with healthy hearts. The percentage of maximum heart rate calculations are not to be relied upon especially if you have a history of heart disease, stroke, high or low blood pressure, diabetes, asthma or other circulatory or respiratory condtions.
Calorie Target and Expenditure:
Reliance on inappropriate intake and expenditure targest may result in excessive weight gain or loss, fainting, dietary deficiencies or other adverse medical consequences. Consult a doctor to determine what caloric intake and expenditure targets are appropriate for you. MIO, while designed to provide an ECG-accurate heart rate is neither designed nor warranted for medical use and shouold not be relied upon for medical purposes. Always consult a doctor before beginning a new exercise program or diet of any kind.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use below. If you do not agree to these terms of use, please do not use this website. Physi-Cal Enterprises Inc. reserves the right to modify these Terms of Use from time to time, without notice.
In connection with viewing and using this website you are granted a limited license to access and make personal use of this site and to temporarily download one copy of the materials posted on this website onto a single computer for your PERSONAL, NON-COMMERCIAL USE only. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of Physi-Cal Enterprises Inc. and any copyright owner from whom we have obtained a license. Requests for such permission should be sent to info@miowatch.com. All rights not expressly granted in these Terms of Use are reserved by Physi-Cal Enterprises Inc. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without Physi-Cal Enterprises Inc.'s written permission. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Physi-Cal Enterprises Inc. or our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the miowatch.com or gophysical.com name or trademarks without the express written consent of Physi-Cal Enterprises Inc. Any unauthorized use terminates the permission or license granted by Physi-Cal Enterprises Inc..
CONTENTS AND HYPERLINKS
Physi-Cal Enterprises Inc. website may contain links to websites operated by other parties and such links are provided for your convenience only. Physi-Cal Enterprises Inc. does not control such websites; you agree that Physi-Cal Enterprises Inc. is not responsible for their availability or their content. Physi-Cal Enterprises Inc.' links to such websites do not imply any endorsement or provide any warranty of the material, products or services on such websites. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.
If you want to link to this website please contact info@miowatch.com before creating that link so the site may be previewed. Physi-Cal Enterprises Inc. does not allow the unauthorized use of its logos, trademarks, or other graphics to create links.
PRIVACY
Please see our Privacy Policy for information regarding the collection and use of personal information from this website. Despite any representations concerning privacy, Physi-Cal Enterprises Inc. reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.
PRODUCTS AND SERVICES
Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Physi-Cal Enterprises Inc. or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
A description or reference to a third-party product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Physi-Cal Enterprises Inc. of that product, service or publication.
Your purchase of products from this website is subject to our Terms of Sale for Online Sales which set forth terms applicable to the order, delivery and return of products offered through this website. If you do not agree to these Terms of Sale, please do not order products from this website. Products offered through this website shall be subject to the Return Policy set forth in the Terms of Sale and shall be warranted, if at all, through the written limited warranty provided in connection with such product. You may obtain a copy of the limited warranty applicable to any of Physi-Cal Enterprises Inc.’s products free of charge at any time, including prior to purchase, by contacting Physi-Cal Enterprises Inc. Customer Service at 1-877-770-1116
NO REPRESENTATIONS OR WARRANTIES
You understand and agree that this website is provided "as is." You agree that your use of the website is at your own risk, that any material and/or data downloaded or otherwise obtained through the use of our website, or from other parties' websites accessed via the website is at your own discretion and risk, and that you will be responsible for any damage or loss of data to your computer system.
Physi-Cal Enterprises Inc. makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Physi-Cal Enterprises Inc.' computer systems.
The pages on this website may contain technical inaccuracies, outdated information and typographical errors.
The information posted here by Physi-Cal Enterprises Inc. or any third party should not be considered medical advice, and is not intended to replace consultation with a qualified professional. Although our watches are deemed to be ECG-accurate, they are not authorized medical devices. Prior to starting a new exercise program please consult your physician.
To the extent permitted by applicable law, and except for any explicit product warranty provided on this website, THIS WEBSITE IS PROVIDED "AS IS." PHYSI-CAL ENTERPRISES INC. DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
PHYSI-CAL ENTERPRISES INC. AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, USE, DATA, WORK STOPPAGE OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PHYSI-CAL ENTERPRISES INC.' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
JURISDICTION AND CHOICE OF LAW
This website is controlled by Physi-Cal Enterprises Inc. from its offices in the Vancouver, B.C., Canada . It can be accessed from around the world. As each user shall likely be from places with laws that differ from those of the province of British Columbia, by accessing and using this website, both you and Physi-Cal Enterprises Inc. agree that the laws of the province of British Columbia, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this. Any dispute relating in any way to your visit to this website shall be submitted to binding arbitration in British Columbia Canada. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.
TRADEMARKS AND COPYRIGHTS
Except as otherwise noted, Physi-Cal Enterprises Inc. is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in Canada (and other applicable jurisdictions).
Physi-Cal Enterprises Inc. and its affiliates respect the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please be directed to the contact points set forth at the end of these Terms of Use.
GENERAL
These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or Physi-Cal Enterprises Inc.. In the event of a conflict between such terms and these terms of use, such specific terms shall control.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Physi-Cal Enterprises Inc. reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Physi-Cal Enterprises Inc. may have.
Unless otherwise indicated, all material on this site © Copyright 2004, 2005 Physi-Cal Enterprises Inc. LLC. All rights reserved.
TERMS OF SALE FOR ONLINE SALES
ORDERS
By submitting an order, you represent and warrant that all personal information you have entered for the order is valid. You cannot cancel or change an order once it has been submitted. All orders are expressly conditioned upon acceptance by Physi-Cal Enterprises Inc. We issue a confirming acknowledgment for each accepted order. You should notify us immediately if discrepancies are noted in the acknowledgment. Prices do not include shipping, handling and taxes which shall be charged on all orders as applicable.
SHIPMENT
Unless you are otherwise notified by us, shipments will be made via UPS ground in the United States and Canada Post in Canada. Your orders will normally ship within 48 hours of acceptance of your order if the items selected are in stock. All ship and delivery dates specified on Physi-Cal Enterprises Inc.' website are estimates and are subject to change. Physi-Cal Enterprises Inc. will not be responsible for delays by the shipper. Delivery of all products shall be made F.O.B point of shipping and risk of loss or damage to the products shall pass to you upon shipment.
RETURN POLICY
You may return or exchange defective merchandise purchased from this website (or if purchased directly from Physi-Cal). ALL RETURNS MUST BE AUTHORIZED BY PHYSI-CAL ENTERPRISES INC.' CUSTOMER SERVICE DEPARTMENT. CALL 1-877-770-1116 TO RECEIVE A RETURN AUTHORIZATION. If you purchased a MIO (by Physi-Cal) product from a retailer, you must deal with that retailer for your exchange or refund. To be eligible for an exchange or refund, returned product must be received by Physi-Cal Enterprises Inc. within ONE YEAR of the date of original purchase. Products must be returned in the original container with a copy of the invoice (proof of purchase), and be shipped prepaid to Physi-Cal Enterprises Inc. Fulfillment Center, 7501 North Harker Drive, Peoria, IL USA. Be sure to include your email address. We will notify you via e-mail of your refund once we have received and processed the returned item. You can expect a refund in the same form of payment originally used for purchase within 7 to 14 business days of our receiving your return. Please note that we can refund shipping costs only if the return is a result of defective merchandise.
LIMITED WARRANTY
Products offered through this website shall be subject to the Return Policy set forth above, and are subject to a one year limited warranty. You may obtain a copy of the limited warranty applicable to all MIO products free of charge at any time by contacting Physi-Cal Enterprises Inc. Customer Service at 1-877-770-1116 or by simply reviewing our online HTML version.
LIMITATION OF LIABILITY
IN NO EVENT WILL PHYSI-CAL ENTERPRISES INC.' LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR THE PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
CONTACT INFORMATION
Physi-Cal Enterprises Inc
Suite 320-2930 Arbutus St.
Vancouver, B.C.
V6J 3Y9
Phone: 1-877-770-1116
Fax. 1- (604) 224 9194
Email: customerservice@miowatch.com
