TERMS OF USE

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 Sites: The Site may contain links that direct you to the website of a third party. These links are provided as a convenience. The content of these websites has not been reviewed or approved by Porter Wellness. You acknowledge and agree that Porter Wellness shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by use of any third party link, content, goods or services (including, without limitation, in connection with any third party goods or services recommended by Porter Wellness or in connection with the use of JaneApp or Payfirma). You are responsible for reviewing and complying with the terms of use applicable to any such third party website.

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.

Privacy Policy: The privacy policies and practices with respect to how Porter Wellness collects, uses and discloses personal information is set out in the Site’s Privacy Policy which can be found here.

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.

Money-Back Guarantee Terms and Conditions for The 8 Weeks to Awesome Wellness Challenge

Effective Date: January 1, 2024

1. Guarantee Period: The money-back guarantee applies to the purchase of The 8 Weeks to Awesome Wellness Challenge on or after January 1, 2024 and is valid for a period of 14 days within purchase.

2. Eligibility Criteria: To be eligible for a refund, participants must meet the following criteria:

• Watch Welcome Video
• Watch the Let’s Talk About Stress presentation + complete the Program Workbook
• Watch Train Your Brain for Habit Change presentation + complete the Intention Workbook
• Watch the Week 1 presentation
• Not utilize one of the free private coaching sessions offered, if applicable
• Submit a written request for a refund within 7 days of purchase

3. Refund Request Process: Participants must send a written refund request via email within 14 days of purchase. The request should include the following. If the Proof of program participation, in its entirety, is not included in the refund email, the refund will not be issued:

• Full name
• Contact information
• Reason for refund request
• Proof of program participation 

4. Refund Amount: Upon approval of a valid refund request, participants will receive a full refund of the program fee. Refunds will be processed within 10 business days from the date of approval.

5. Exclusions: Refunds will not be issued in the following circumstances:

• Failure to meet eligibility criteria outlined in Section 2.
• Requests submitted after the Guarantee Period. 
• Non-participation in the program activities.

6. Program Completion and Removal: If a refund is issued, the participant will be immediately withdrawn from the program. If two participants are enrolled under a 2-for-1 promotion, both will be withdrawn from the program. Once withdrawn, any participant will no longer have access to program materials, live sessions, upgrades, or any other program benefits.

7. Contact Information: For all inquiries regarding the money-back guarantee, participants can contact us here.

8. Program Changes: Porter Wellness Group Inc. reserves the right to modify or cancel the program, in which case participants will be notified, and appropriate arrangements will be made.

By enrolling in the The 8 Weeks to Awesome Wellness Challenge, participants acknowledge and agree to the terms and conditions outlined in this Money-Back Guarantee Policy.

Refund Policy for Book Purchases

Effective Date: December 13, 2024

Video and Audio Release

Porter Wellness Group, Inc., its representatives, employees, and anyone acting under its authority, reserves the irrevocable and unrestricted right to use, reproduce, publish, and display the name, image, likeness, voice, and any other identifying characteristics (collectively referred to as “Materials”) of program participants in any audio, video, photographic, or electronic format for promotional, educational, or informational purposes.

Porter Wellness Group, Inc. may use the Materials in any medium, including but not limited to, websites, social media, publications, presentations, and other promotional materials, without any compensation to you.

You acknowledge that Porter Wellness Group, Inc. is the sole owner of the Materials and retains all rights, title, and interest in and to the Materials. You waive any right to inspect or approve the finished product wherein the Materials appear.

You release and discharge the Porter Wellness Group, Inc., its representatives, employees, and anyone acting under its authority, from any and all claims, liabilities, demands, actions, causes of action, costs, and expenses, whether at law or in equity, known or unknown, arising out of or in connection with the use of the Materials.