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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.
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 firstname.lastname@example.org 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.
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).
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.
COLLECTION AND USE OF PERSONAL INFORMATION
Protecting your privacy is very important to Physi-Cal Enterprises Inc.("Physi-Cal Enterprises Inc.", "we", or "us"). We take the protection of your personal information very seriously.
If you browse Physi-Cal Enterprises Inc.' website, you may generally do so anonymously without providing any personal information. However, there are cases where we may ask you for personal data. For example, when you place an order for a product, we need to know your name, e-mail address, mailing address, credit card number and expiration date. This information is required so that we can process and fulfill your order, send an order or shipping confirmation, as well as notify you of your order status. All financial transactions with Physi-Cal Enterprises Inc. are performed on secure servers that meet Payment Card Industry standards. We DO NOT store your credit card information. Should you return to the web site to place a follow-up order, your profile such as your name and address may be stored for you but you will be required to re-enter your credit card info. This is for your own security.
When you purchase products online from Physi-Cal Enterprises Inc. or otherwise request product information, we automatically place you on our list to receive e-mail regarding product updates, special offers, important issues and new products. If you do not wish to receive e-mail updates, you can simply respond by telling us that you do not want to receive any future communications. In addition, if you change your mind or wish to update or delete personal information (such as your zip code), we will endeavor to correct, update or remove the personal data you give us. You can do this by contacting our Customer Support organization at the contact points specified below.
Physi-Cal Enterprises Inc. does not rent, sell or otherwise distribute to third parties your personal information entered on this site. However, we will share personal customer information only with our agents, representatives and trusted service providers and contractors for limited purposes including fulfilling customer orders, offering certain products and services in connection with our website, communicating to customers, completing credit card transactions, enabling access to our partner's sites, and improving our customers' shopping experience. While we use all reasonable efforts to safeguard the confidentiality of your information, Physi-Cal Enterprises Inc. will have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties. Physi-Cal Enterprises Inc. also reserves the right to change or update this policy, or any other policy or practice, at anytime, with reasonable notice to users of its website. Any changes or updates will be effective immediately upon posting to this site (http://www.mioglobal.com).
We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other select third parties. Physi-Cal Enterprises Inc. may perform analysis of this anonymous data in order provide improvements in the products and services that we deliver to our users.
EXCEPTIONS AND SPECIAL CASES
Physi-Cal Enterprises Inc. reserves the right to disclose user information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Physi-Cal Enterprises Inc. website users, or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law requires it or to respond to an emergency situation.
Physi-Cal Enterprises Inc.
Suite 320 - 2930 Arbutus St.