TERMS OF SERVICE

By using this website, its content and any related services (“Services”), you agree to the Terms of Service and any related policies (“Terms”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and additional Services and tools at any time. You should check these Terms periodically for changes. By using this website or our Services after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them. 

By agreeing to these Terms, you represent that you are at least 18 years of age, or that you are the age of majority in your home state or country and you have given us your consent to allow any of your minor dependents to use this site.

Our one to one sessions and online programs can be booked through our website www.porter11211.com. The Services are provided by us.

IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE OR SERVICES PROVIDED.

1/ Disclaimer

This website and our services offer health, fitness, lifestyle and nutritional information, and are designed for educational purposes only. You should not rely on this information as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult a doctor or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this website or heard as part of our services. The use of any information provided including workouts provided by us are solely at your own risk.

Porter 11211 LLC recommends that you consult a health care professional before beginning any exercise program and do not start any of the exercises or recommendations contained in the content or services offered by PORTER / 11211 if your healthcare professional advices against it. When participating in any form of exercise there is the possibility of physical injury. If you engage in any of the activities on the website or as part of our Services, you expressly agree that you do so at your own risk, are voluntarily participating in these activities, and accept all risk of injury to yourself.

PORTER / 11211 LLC, porter11211.com and Fiona Bicknell accept no liability and/or responsibility for any actions or decisions any client chooses to take or make based on his/her consultation with Fiona Bicknell or participation in any services offered as well as content created by PORTER / 11211 LLC including but not limited to online videos, Instagram content, blog posts, and online programs.

You agree to absolutely indemnify and hold harmless Fiona Bicknell, PORTER / 11211 LLC and porter11211.com, and their heirs, relatives, employees, subcontractors, agents, or assignees in perpetuity and throughout all known and unknown universes.

2/ Our Privacy Policy also applies to you when you use the Services

Your access to and use of our Services is also subject to our Privacy Policy, the terms of which can be found directly on the website and are incorporated as part of these terms by reference. 

3/ About us and how to contact us

3.1
Porter 11211 LLC (“We"”Us””Our”) is the provider of the Services and operator of the website. We are registered in New York, USA and have our registered office at 318 Grand Street 4D, Brooklyn, NY 11211, USA.

3.2
To contact us, please email info@porter11211.com.

4/ Your Account with Us

4.1
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you keep such information current and complete as we cannot be held responsible if it is not.

4.2
You must keep your account password confidential and do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at info@porter11211.com.

4.3
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

4.4
If you no longer want to use our Services, and would like your account deleted, we can take care of this for you. Please contact us at info@porter11211.com. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added. 

5/ You are not allowed to use our name or the Services other than as set out in these Terms

You may not:

5.1
to the greatest extent permitted under applicable law, make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the website or any derivative works thereof;

5.2
distribute, license, transfer, or sell, in whole or in part, any of the website/Services or any derivative works thereof;

5.3
market, rent or lease the Services for a fee or charge, or use the website to advertise or perform any commercial solicitation; use the Services, without our express written consent, for any commercial or unauthorised purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

5.4
interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the website or bypass any measures we may use to prevent or restrict access to the Services;

5.5
incorporate the website or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;

5.6
use automated scripts to collect information from or otherwise interact with the website;

5.7
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from us;

5.8
intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.9
use or attempt to use another’s account, service or system without our authorisation, or create a false identity on the website.  

6/ We may change, suspend or withdraw our Services

6.1
We make no guarantee about the availability of the Services. The Services are provided on an “as is” basis and without any kind of warranty.

6.2
We may update and change our Services from time to time.

6.3
We do not guarantee that our Services, or any content on our website, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services at our sole discretion. We will try to give you reasonable notice of any suspension or withdrawal.

6.4
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

6.5
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

7/ Intellectual Property Rights

7.1
We are the owner or the licensee of all intellectual property rights in our website, and in the material published using our Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2
You are granted a limited licence to access our Services and to download or print a copy of any portion of the Services content to which you have properly gained access, solely for your personal, non-commercial use, provided that you do not alter, delete or conceal any copyright, trade mark or other notices contained in the Service, including notices in any content you download, transmit, print or reproduce from the Services, nor shall you distribute such content.

7.3
We respect other people’s intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe any intellectual property rights, for example, you must not upload any content owned by anyone else to the website. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyright or other intellectual property rights.

7.4
Certain content, products and services available via our Service may include materials from third-parties.

7.5
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

7.6
We are not responsible for ensuring that the information on our site is up to date or accurate. Your use of any information provided on our site is entirely at your own risk. We do not warrant the accuracy, and will not have any liability or responsibility for the materials or content on our site.

7.7
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8/ Linking to our Website

8.1
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

8.2
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

8.3
You must not establish a link to our website in any website that is not owned by you.

8.4
Our Services must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

8.5
We reserve the right to withdraw linking permission without notice.

8.6
If you wish to make any use of content on our website other than that set out above, please contact info@porter11211.com.

9/ Viruses, Bugs and Unacceptable Content

9.1
We do not guarantee that our website or Services will be secure or free from bugs or viruses.

9.2
You are responsible for configuring your information technology, computer programmes and website to access our Services. You should use your own virus protection software.

9.3
You must not use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g. passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us, the Services or its users to any harm or liability of any type.

10/ Responsibility for loss or damage 

In no case shall PORTER 11211, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available via the website even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11/ Indemnity

You agree to indemnify, defend and hold harmless PORTER 11211, LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

12/ A few final important points to note

12.1
Purchases of one to one sessions must be redeemed within 12 months of purchase date and cannot be refunded.

12.2
A minimum of 24 hours’ notice is required to cancel a booking, or the booking will be forfeited.

12.3
"PORTER / 11211" and any associated logos are trade marks of PORTER 11211, LLC . You are not permitted to use them without our approval, unless they are part of material you are using as permitted under section 7, above.

12.4
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.

12.5
If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these terms.

12.6
Our Services are operated primarily from the United States. In choosing to access the Services, you do so on your own initiative and at your own risk and are responsible for complying with all local laws, rules and regulations.

12.7
These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of New York State. We both agree to the exclusive jurisdiction of the courts of NYC, New York State.

12.8
This is a contract between us, and only you and us can enforce its terms.