Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE, PURCHASING PRODUCTS, OR ENGAGING WITH OUR SERVICES.
By accessing or using this website, or other services (collectively, the "Platform") operated by Physical Enterprise, LLC, or by purchasing products from us, you agree to be bound by these Terms and Conditions ("Terms"), and any applicable laws
1. Agreement and Modifications
1.1 Acceptance of Terms
Your use of the Platform or purchase of products constitutes your agreement to these Terms without modification. These Terms apply to all users, whether registered or not, and supersede any prior agreements or communications.
1.2 Modification of Terms
Physical Enterprise, LLC reserves the right to modify these Terms at any time. Changes will be effective when posted to the Platform. Your continued use of the Platform or purchase of products after changes are posted constitutes acceptance of the revised Terms.
2. Platform and Product Use
2.1 Eligibility
The Platform is intended for users who are 18 years of age or older. By using the Platform or registering an account, you represent and warrant that you are at least 18 years old. Accounts may be terminated without notice if you misrepresent your age. For restricted products (e.g., professional-use medical devices), we may require you to verify eligibility, such as age or professional licensing, as required by applicable law or product instructions.
2.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials (username and password). Notify us immediately at service@physicalenterprise.com of any unauthorized use of your account. Physical Enterprise, LLC is not liable for losses resulting from unauthorized account access.
2.3 Prohibited Uses
You agree not to use the Platform or products for any unlawful or prohibited purpose, including but not limited to:
· Uploading files containing viruses, malware, or other harmful software.
· Engaging in data mining, scraping, or unauthorized data collection.
· Interfering with the Platform’s functionality.
· Reselling restricted products labeled for professional use without authorization. Physical Enterprise, LLC reserves the right to terminate access at its discretion for violations of these Terms.
2.4 International Use
The Platform is intended for customers in the United States and we may restrict access or services outside the country accordingly.
3. Product Orders and Payment Terms
3.1 Order Acceptance
All orders are subject to Physical Enterprise, LLC’s acceptance. We may refuse or cancel any order, even if confirmed, for any reason, without liability. If your payment method has been charged for a canceled order, we will issue a refund.
3.2 Payment Terms
· Payment is due at the time of order via Visa, MasterCard, or American Express unless open account terms are granted.
· Payments are due within 30 days from the invoice date via electronic funds transfer or check for accounts with open account terms. Late payments may accrue 1.5% monthly interest.
· A $20 fee will be charged for returned checks due to insufficient funds.
3.3 Taxes and Charges
Prices exclude taxes and governmental charges. You will be invoiced for applicable taxes unless you provide proof of tax exemption at the time of order. In most cases, a subsequent shipping charge will be added to your invoice upon receipt from our freight partners.
3.4 Credit Limits
We may hold shipments or refuse orders if payments are in arrears or if orders exceed approved credit limits.
3.5 Invoice Disputes
Disputes regarding invoices must be reported in writing to accounting@physicalenterprise.com within 30 days of the invoice date, or the right to dispute is waived. Shipping discrepancies must be reported within 3 days of receipt.
3.6 Shipping and Delivery
We aim to ship products promptly via standard carriers. Risk of loss transfers to you upon delivery to the carrier. We are not liable for delays, loss, or damage during shipping, but we will assist with claims against carriers where applicable.
4. Returns and Refunds
4.1 Standard Return Policy
Products may be returned within 30 days for exchange or refund (freight excluded). Returns after 30 days incur a 20% restocking fee, and after 60 days, a 25% fee. No returns are accepted after 90 days. All returns must be:
· Unopened, not expired, and in salable condition.
· Prearranged with our customer service team at service@physicalenterprise.com.
4.2 Non-Returnable Products
The following products are non-returnable, and all sales are final:
· Masks, gloves, thermometers, pulse oximeters, hand sanitizers, isolation gowns, face shields, sneeze guards.
· Custom-ordered items.
4.3 Non-Conforming Goods
For products that do not conform to the order (e.g., incorrect quantity, type, or visibly damaged), your sole remedy is replacement or, at our option, a refund of the purchase price for the non-conforming portion.
5. Intellectual Property
5.1 Ownership
All content on the Platform (excluding User-Generated Content), including text, graphics, software, designs, and trademarks, is owned by Physical Enterprise, LLC or its licensors and is protected by U.S. and international copyright, trademark, and patent laws. You may use content only for non-commercial purposes related to the Platform or product purchases.
5.2 Restrictions
You may not modify, reproduce, distribute, or sell any Platform content without our prior written consent. Unauthorized use of intellectual property is prohibited.
5.3 User-Generated Content
By posting content (e.g., reviews, comments, or media) on the Platform, you grant Physical Enterprise, LLC a non-exclusive, worldwide, royalty-free, perpetual license to use, modify, reproduce, and distribute such content for any purpose, including commercial use, without compensation. You warrant that you own or control all rights to your User-Generated Content. If your content is removed, you may appeal the decision by contacting service@physicalenterprise.com within 30 days, and we will respond within a reasonable timeframe.
6. Communication Services
6.1 Use Guidelines
The Platform may include forums, reviews, or other communication features ("Communication Services"). You agree to use these services only for lawful, relevant, and appropriate content. Prohibited actions include:
· Posting defamatory, obscene, or infringing material.
· Harvesting personal information without consent.
· Violating applicable laws or guidelines specific to the service.
6.2 Monitoring and Removal
We have no obligation to monitor Communication Services but reserve the right to review and remove content at our discretion. We may terminate access to Communication Services for violations without notice. If your access is terminated, you may appeal by contacting service@physicalenterprise.com within 30 days.
7. Disclaimers and Limitations of Liability
7.1 No Medical Advice
Content on the Platform is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Consult a qualified professional for medical or health-related decisions. Reliance on Platform content is at your own risk.
7.2 Physical Activity Notice
The Platform may promote physical activity. Consult a medical professional before engaging in any activity. Physical Enterprise, LLC is not liable for injuries or damages resulting from such activities.
7.3 Regulatory Compliance
For medical or regulated products, you are responsible for verifying compliance with applicable laws, including FDA regulations or HCPCS coding guidelines. We do not guarantee the accuracy of HCPCS codes or other regulatory information and are not liable for claims arising from their use.
7.4 Warranty Disclaimer
The Platform and content are provided "AS IS" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We offer a 90 day warranty on Physical Enterprise and Recovery Solutions branded products and pass along applicable manufacturer warranties for products not manufactured by us.
7.5 Limitation of Liability
To the fullest extent permitted by law, Physical Enterprise, LLC and its affiliates shall not be liable for any direct, indirect, incidental, consequential, or special damages, including lost profits or data, arising from:
· Use or inability to use the Platform or products.
· Non-conforming goods or delivery delays.
· Unauthorized access to your account or data.
8. Data Protection
8.1 Data Handling
We collect, store, and process personal information in accordance with applicable laws. We implement reasonable security measures to protect your data but cannot guarantee absolute security.
8.2 Data Breach Notification
In the event of a data breach that compromises your personal information, we will notify affected users promptly as required by law, using the contact information provided in your account.
9. Third-Party Services and Links
9.1 Third-Party Platforms
The Platform may contain links to third-party websites or services (e.g., payment processors, analytics tools). These third-party platforms have their own terms and privacy policies, and we are not responsible for their content, performance, or policies.
9.2 Integrated Services
Certain Platform features may rely on third-party services (e.g., Visa, Inc. for payments). By using these features, you agree to comply with the third-party provider’s terms. We are not liable for any issues arising from your use of these services.
10. Electronic Communications
10.1 Consent
By using the Platform, you consent to receive electronic communications from us, including order updates, account notices, and marketing messages, via email. You may opt out of marketing communications at any time through your account settings or by following unsubscribe instructions in the message.
10.2 Mobile Services
Some Platform features are available on mobile devices. Standard carrier rates and fees may apply. If you change or deactivate your mobile number, update your account information promptly to ensure communications are sent correctly.
11. Dispute Resolution and Governing Law
11.1 Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. You consent to the exclusive jurisdiction and venue of courts in El Dorado County, California for disputes not subject to arbitration.
11.2 Arbitration
Any dispute arising from these Terms or your use of the Platform (except for equitable relief or intellectual property claims) will be resolved through binding arbitration under the Federal Arbitration Act and the rules of the American Arbitration Association (AAA). Arbitration will occur in El Dorado County, California.
· You must send a written Notice of Dispute to PO Box 5327, El Dorado Hills, CA 95762 before initiating arbitration.
· Arbitration will be conducted individually. You expressly waive any right to participate in a class, consolidated, or representative action, whether in arbitration or court.
· The arbitrator’s decision is final, with limited appeal rights under the FAA. Disputes must be filed within one year of when the claim could first be filed, or they are permanently barred. If arbitration is unavailable, disputes will proceed in El Dorado County, California courts, with both parties waiving the right to a jury trial.
12. Indemnification
You agree to indemnify, defend, and hold harmless Physical Enterprise, LLC, its affiliates, officers, and agents from any claims, losses, or damages, including attorneys’ fees, arising from your use of the Platform or violation of these Terms or any law.
13. Force Majeure
Physical Enterprise, LLC is not liable for delays or failures to perform under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, supply chain disruptions, government actions, or labor disputes.
14. Termination
We may terminate your account or restrict access to the Platform at any time, without notice, for any reason, without liability. Provisions related to intellectual property, indemnification, disclaimers, liability limitations, and dispute resolution survive termination.
15. Miscellaneous
15.1 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.
15.2 Entire Agreement
These Terms constitute the entire agreement between you and Physical Enterprise, LLC regarding the Platform and product purchases.