The following terms and conditions (these “Terms”) govern the use of the www.nicoleporterwellness.com website (the “Site”), together with all of the Site’s content and related features (including newsletters and brochures) and all content and related features on any social media platforms utilized by Porter Wellness (“Content”) and all advice and services provided by Porter Wellness (whether on or through the Site, through any social media platform or by email, phone, in person or any other method of communication and including all materials, reports and other information provided to you in connection with such advice, products and services) (collectively, the “Services”).
Introduction: The Site is owned and operated by Porter Wellness Group Inc. (“Porter Wellness”, “we”, “us”) and all Content is owned or licensed by Porter Wellness. By accessing the Site or using any of the Services, you agree to be bound by these Terms. If you do not agree with these Terms you may not use the Site or the Services. If you violate these Terms, we reserve the right to terminate your use or access of the Site at any time, without notice.
Marks: All trademarks, service marks, trade names and logos (“Marks”) used on the Site or in the Services are registered or common law trademarks of Porter Wellness. You may not make any use of any Marks without our prior written consent.
Limited License: Porter Wellness grants to you a personal, revocable, non-exclusive, royalty free, nontransferable license to use the Site (including downloading, viewing and copying the Content) and the Services for personal and non-commercial use only. If you print or download any Content you must ensure that any applicable copyright notifications are contained on such material.
Disclaimer: The Site, Content and Services are for educational and informational purposes only and are not designed to replace professional medical advice. Nicole Porter is not a medical professional. You understand that the Services are restricted to consultation on the subject of health matters intended for general well-being and are not meant for the purpose of medical diagnosis, treatment or prescribing of medicine for any disease, or any licensed or controlled act which may constitute the practice of medicine. If you receive any Services, it is your responsibility to let Porter Wellness know of any healthcare issues, allergies or medically necessary diet restrictions. You should consult with a medical professional before making any dietary change, using any supplements or taking any new course of action regarding your physical health. You agree that you maintain responsibility for your own unique healthcare issues and failure to seek the advice of a medical professional is at your own risk. Research is constantly changing and can impact the accuracy or correctness of the Content and the Services. Porter Wellness makes no guarantees as to the accuracy, completeness or timeliness of the Content or the Services. You understand and agree that the Content is subject to change at any time without notification. All individuals are unique and therefore your personal satisfaction is not guaranteed.
Prohibited Activities: In connection with your use of the Site and the Services, you acknowledge and agree that you will not: (i) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; (ii) post or transmit any material that contains a virus or corrupted data; (iii) delete any author attributions, legal notices, Marks or proprietary designations or labels; (iv) violate any applicable laws or use the Site and/or the Services for any purpose that is prohibited by these Terms; (v) use the Site or the Services in any manner that could damage, disable, overburden or impair Porter Wellness’s servers or networks, or interfere with any other user’s use and enjoyment of the Site and/or the Services; (vi) gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Porter Wellness through hacking, password mining or any other means; or (vii) use the Site in any manner that could damage, disparage or otherwise negatively impact Porter Wellness.
Use of Paid Courses, Programs, and Associated Material: Porter Wellness provides various courses, recorded webinars, programs, and associated material for sale on this Website. Porter Wellness grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
Links to the Site: Porter Wellness reserves the right to disallow you to link to the Site at any time and for any reason. You agree to immediately remove and disable any links if so instructed by Porter Wellness.
Gift Cards: In addition to the terms and conditions stated on the card, Nicole Porter Wellness gift cards (which are prepaid cards purchased from Nicole Porter Wellness for value) and promotional cards (which are cards issued by Nicole Porter Wellness without consideration) are subject to the following terms and conditions, as they may be amended or supplemented from time to time by Nicole Porter Wellness:
Gift cards may be used for the purchase of any Nicole Porter Wellness service. They may not be used for the purchase of any products including, without limitation, supplements or vitamins.
Gift cards can be combined.
Promotional cards are for new clients only and cannot be combined with other offers.
Nicole Porter Wellness does not charge any fees for the issuance or redemption of gift cards or the redemption of promotional cards.
Gift cards have no expiry date. Promotional cards must be used on or by the specified expiry date.
If a gift card or promotional card is being used for payment towards an initial session, that session must be paid for in advance of the appointment.
Gift card activity and balances can be checked by logging into JaneApp and entering the card number (under Gift Cards on the menu on the left under the Billings tab).
Third Party Purchases: Any purchase or other transaction between you and any third party whose link may be listed on the Site is entirely between you and such third party. Payment, delivery and all other dealings are entirely between you and the applicable third party. You agree that Porter Wellness shall not be responsible or liable for any loss, damage or other matters associated with your transaction with any third party.
Disclaimer of Warranties: THE SITE AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PORTER WELLNESS DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THE CONTENT OR SERVICES ARE ACCURATE, RELIABLE OR COMPLETE; OR (iii) ANY OF THE SERVICES, CONTENT, SITE OR SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE, CONTENT AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
Limitation of Liability: TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PORTER WELLNESS NOR ITS DIRECTORS, OFFICERS OR EMPLOYEES ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES, INJURIES OR DAMAGES OF ANY KIND UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE, CONTENT AND/OR THE SERVICES; (ii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THROUGH THE SERVICES; (iii) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; OR (iv) ANY ACTION TAKEN BY YOU IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PORTER WELLNESS TO YOU EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICES.
Release: BY USING THE SITE AND/OR CONTENT OR ACCEPTING THE SERVICES YOU ARE DEEMED TO IRREVOCABLY AND UNCONDITIONALLY FULLY RELEASE PORTER WELLNESS AND NICOLE PORTER, FOR YOURSELF AND ON BEHALF OF YOUR PERSONAL REPRESENTATIVES, ESTATE AND HEIRS, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, CAUSES OF ACTION AND DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE, CONTENT AND/OR SERVICES AND YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, THOSE IN RESPECT OF ILLNESS, INJURY OR DEATH TO YOU, HOWSOEVER CAUSED.
Miscellaneous: If any provision of these Terms is found unlawful, void or unenforceable, then such provision shall be deemed severable from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the relationship between you and Porter Wellness shall be governed by the laws of the Province of British Columbia, Canada. You and Porter Wellness agree to submit to the exclusive jurisdiction of the courts of British Columbia.