1. Acceptance of these Terms

These Terms of Use (the “Terms”) form a legally binding agreement between you and Wells Performance Inc. (“Wells Performance Inc.,” “we,” “us,” or “our”) and govern your access to and use of drgregwells.com and any content, functionality, products, or services offered on or through it (collectively, the “Site”). By accessing or using the Site, or by clicking an acceptance box or button, you agree to these Terms and to our Privacy Policy. If you do not agree, do not access or use the Site.

2. Changes to the Terms and the Site

We may update these Terms at any time in our discretion. All changes are effective when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site after we post revised Terms means you accept the changes. We may change, suspend, or discontinue any part of the Site at any time without notice.

3. Eligibility; Accounts and Security

The Site is intended for users 16 years of age or older (18+ for any purchases). By using the Site, you represent that you meet these requirements. If the Site allows account creation, you agree to provide accurate, current, and complete information and to keep it updated. Keep your login credentials confidential; you are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.

4. Health & Wellness Content — Not Medical Advice

Content on the Site (including articles, podcasts, videos, tools, courses, and downloads) is provided for general informational and educational purposes only. It is not medical, psychological, legal, financial, or other professional advice, and is not a substitute for consultation with qualified professionals. No physician–patient or other professional–client relationship is created by your use of the Site. Do not disregard, avoid, or delay obtaining medical or other professional advice because of something you have read or heard on the Site. If you think you are experiencing a medical emergency, call 911 or your local emergency number immediately.

5. Purchases; Payments; Refunds

If the Site offers products or services for purchase, additional terms may apply. You agree to pay all fees and applicable taxes for purchases you make. We may use third‑party payment processors; by submitting payment information, you authorize us to share that information with those processors to complete the transaction. We reserve the right to refuse or cancel orders, including for pricing or availability errors or suspected fraud. Any refund or cancellation policies will be disclosed at purchase or in applicable product terms.

6. Intellectual Property; Limited License

The Site and all content, features, and functionality (including text, graphics, videos, audio, logos, trademarks, and the design and arrangement thereof) are owned by or licensed to us and are protected by copyright, trademark, and other laws. Subject to your compliance with these Terms, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Site for your personal, non‑commercial use. Except as expressly permitted, you may not copy, reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, transmit, or otherwise exploit any material on the Site without our prior written consent.

7. User Content; Feedback

If you post, upload, or otherwise submit content to the Site ("User Content"), you represent that you own or have all rights necessary to do so and grant us a worldwide, non‑exclusive, royalty‑free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, improving, and promoting the Site. You are solely responsible for your User Content. We may remove or refuse to display any User Content for any reason. If you provide feedback or suggestions, you agree that we may use them without restriction or compensation to you.

8. Prohibited Uses

You agree not to use the Site in any way that violates any applicable law or regulation; for any unlawful, infringing, harmful, fraudulent, or deceptive purpose; to transmit spam or unsolicited communications; to impersonate any person or misrepresent your affiliation; to interfere with, disable, or overburden the Site; to introduce viruses or malicious code; to mine, scrape, or crawl the Site except via public search engine indexing; or to attempt to gain unauthorized access to the Site, accounts, or networks.

9. Monitoring and Enforcement; Termination

We may monitor use of the Site and take any action we deem appropriate, including removing or refusing to post any content; disclosing your identity to third parties who claim that content you posted violates their rights; suspending or terminating your access to all or part of the Site; and cooperating with law enforcement. We may suspend or terminate your access to the Site at any time, for any reason.

10. Third‑Party Links and Resources

The Site may include links to third‑party websites, services, or resources. We are not responsible for those third parties or their content, products, or services. Links are provided for convenience only and do not imply endorsement. You use third‑party sites at your own risk and subject to their terms and policies.

11. Privacy

Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, and share personal information. By using the Site, you consent to our privacy practices described there.

12. Disclaimers

YOUR USE OF THE SITE AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR‑FREE, SECURE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SITE WILL NOT EXCEED CAD $100.

14. Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, and our and their respective directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Site, including your User Content.

15. Geographic Restrictions

We are based in Canada. We make no claims that the Site or any content is accessible or appropriate outside Canada. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

16. Notice of Alleged Infringement

We respect intellectual property rights. If you believe that material available on or through the Site infringes a copyright or other intellectual property right, please send a written notice to the contact below with: (a) your name and contact information; (b) a description of the work you claim is infringed; (c) a description of the material you claim is infringing and where it is located on the Site; (d) a statement that you have a good‑faith belief the disputed use is not authorized; and (e) a statement made under penalty of perjury that the information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf.

17. Termination; Survival

We may terminate or suspend your access to the Site at any time, with or without notice, for any reason. Upon termination, your right to use the Site will cease immediately. Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Governing Law and Venue

These Terms and any dispute or claim arising out of or related to them or the Site are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You and we irrevocably submit to the exclusive jurisdiction of the provincial and federal courts located in Toronto, Ontario for any such dispute, and waive any objection to venue or forum non conveniens.

19. Miscellaneous

These Terms constitute the entire agreement between you and us concerning the Site and supersede all prior and contemporaneous understandings relating to the Site. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of such right or provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; any attempted assignment is void. We may assign our rights and obligations without restriction. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control (force majeure).

20. Contact Us

Wells Performance Inc.

1177 2255B Queen Street East Toronto Canada

Email: coach@wellsperformance.com