Effective Date: May 1, 2026
Last Updated: April 28, 2026
These Terms of Use (the “Terms”) form a binding agreement between you and N&G Média Inc., a corporation organized under the laws of the Province of Quebec, Canada, doing business as The EMF Guy (“we”, “us”, or “our”). The Terms govern your access to and use of https://theemfguy.com, our learning portal at https://emfguylearning.com, our member communities (including the EMF Circle), our online stores, our newsletters, our podcasts, our online courses, our digital products, our physical products, our events, and any other website, application, content, or service that links to these Terms (collectively, the “Services”).
Please read these Terms carefully. By accessing the Services, creating an account, making a purchase, subscribing to a newsletter, or otherwise using the Services, you agree that you have read, understood, and accepted these Terms and our Privacy Policy at https://theemfguy.com/privacy-policy. If you do not agree, you may not use the Services.
Important notices. Section 18 contains a binding arbitration agreement and class action waiver that affect how disputes between you and us are resolved (subject to applicable consumer protection law). Section 14 contains a disclaimer of warranties. Section 15 contains a limitation of our liability. Please review these provisions carefully.
1. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to make a purchase, subscribe to a paid product, or create an account on the Services. Users between 13 and 18 may access free educational content with the consent and supervision of a parent or legal guardian, who is responsible for their use of the Services. We do not knowingly direct the Services to or accept registrations from anyone under 13 (or under 16 in jurisdictions that apply that age threshold to children’s privacy).
By using the Services, you represent and warrant that you meet these eligibility requirements, that you have the legal capacity to enter into these Terms, and that you are not prohibited from using the Services under the laws of any country or jurisdiction that applies to you.
2. Your Account
Some Services require you to create an account. When you create an account, you agree to provide accurate, current, and complete information; to keep your account information up to date; to keep your password confidential and to use a strong, unique password; to be solely responsible for all activity that occurs under your account; and to notify us promptly at [email protected] of any unauthorized access or suspected security breach.
You may not share your account credentials, transfer your account to another person, or allow more than one person to use a single account, except where the Services expressly support shared access (for example, a household membership). We reserve the right to suspend or terminate any account that, in our reasonable judgment, has been compromised, has been used in violation of these Terms, or has been involved in fraudulent or abusive activity.
3. License to Use the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use, and to access and use the digital products, courses, and content for which you have an active license or paid subscription, in accordance with the access terms of that product.
This license does not include the right to: (a) modify, copy, or create derivative works of any portion of the Services or their content, except as expressly permitted by these Terms or by the access terms of a specific product; (b) use the Services or their content for any commercial purpose, including the resale, sublicense, redistribution, or public display of any content; (c) decompile, reverse engineer, or attempt to extract the source code of any software made available through the Services, except to the extent applicable law prohibits this restriction; (d) remove any copyright, trademark, or other proprietary notice; (e) frame, mirror, scrape, or harvest any portion of the Services; (f) use any robot, spider, or other automated means to access the Services, except for the limited purposes of public search engine indexing in accordance with our robots.txt file; or (g) use the Services in any way that violates any applicable law, regulation, or third-party right.
Any breach of this license terminates the license automatically. Upon termination, you must cease all use of the Services and the content and destroy any copies in your possession or control.
4. Intellectual Property
All right, title, and interest in and to the Services and all of their content, including text, graphics, images, photographs, audio, video, podcasts, course materials, software, designs, logos, trademarks, service marks, trade names, and trade dress, are owned by us, our licensors, or our affiliates and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. “The EMF Guy”, the EMF Guy logo, “Body Burden Documentary”, “Body Burden: The Toxins We Carry”, “EMF Circle”, “Smarter Tech Podcast”, and other product and program names used on the Services are trademarks or service marks of N&G Média Inc. or its affiliates. You may not use any of our trademarks without our prior written permission.
The educational content delivered through our courses, membership communities, and learning portal is provided to you under a personal, non-transferable, revocable license tied to your active access. Recording, redistributing, reposting, or republishing any course or membership content is prohibited without our prior written consent.
5. User-Submitted Content
The Services may allow you to submit, upload, post, comment, or otherwise make available content, including comments, reviews, testimonials, questions, audio, video, images, profiles, and other materials (“User Content”). You retain ownership of any intellectual property rights you hold in your User Content.
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, translate, publish, perform, display, distribute, and create derivative works of your User Content for the purposes of operating, providing, promoting, and improving the Services. This license continues for the duration of the copyright in your User Content and survives termination of these Terms.
You represent and warrant that: (a) you own or have all necessary rights to your User Content; (b) your User Content does not violate the rights of any third party, including intellectual property, privacy, and publicity rights; (c) your User Content does not violate any law or regulation; (d) your User Content is not defamatory, obscene, threatening, harassing, hateful, or otherwise objectionable; and (e) your User Content does not contain malware or any other harmful code.
We have no obligation to monitor User Content, and we are not responsible for User Content submitted by you or any other user. We reserve the right, in our sole discretion, to remove or disable access to any User Content that we believe violates these Terms or is otherwise objectionable.
6. Acceptable Use
You agree not to use the Services to: (a) violate any law, regulation, or third-party right; (b) infringe the intellectual property rights of any person; (c) post or transmit any content that is unlawful, defamatory, obscene, threatening, abusive, harassing, hateful, racially or ethnically offensive, or otherwise objectionable; (d) impersonate any person or entity or misrepresent your affiliation with any person or entity; (e) interfere with or disrupt the Services, the servers or networks connected to the Services, or any user’s enjoyment of the Services; (f) attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks; (g) introduce viruses, worms, trojan horses, or other malicious code; (h) collect, harvest, or store personal information about other users without their consent; (i) send unsolicited promotional or commercial messages through the Services; (j) use the Services to make medical, health, legal, financial, or other professional advice that you are not licensed to provide; or (k) engage in any activity that could damage, disable, overburden, or impair the Services.
7. Affiliate Marketing and Material Connection Disclosure
We are committed to transparency. The Services contain affiliate links, sponsored content, and recommendations of third-party products and services. When you click an affiliate link and complete a qualifying purchase, we may receive a commission at no additional cost to you. We may also receive compensation, free products, or other consideration in exchange for sponsored content, brand partnerships, podcast advertising, and event sponsorships.
We disclose material connections with the brands we promote in accordance with the Federal Trade Commission’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (16 C.F.R. Part 255), the Competition Bureau of Canada’s deceptive marketing practices guidance, the United Kingdom Advertising Standards Authority’s CAP Code, and similar rules in other jurisdictions.
Our recommendations reflect our genuine opinion. We do not recommend products solely because we earn a commission. We may discontinue, replace, or update recommendations at any time as our research evolves. You are responsible for evaluating any product or service before purchase and for following the seller’s terms.
8. Health, Medical, and Educational Disclaimer
The Services provide educational, journalistic, and informational content about electromagnetic field (EMF) exposure, environmental toxins, technology safety, and related topics. Nick Pineault is a citizen journalist, author, and educator. Nick is not a medical doctor, scientist, or licensed health professional, and the Services do not provide medical advice, diagnosis, or treatment.
The content of our books, courses, podcasts, blog posts, videos, newsletters, and member communities is provided for educational and informational purposes only. It is not a substitute for professional medical, legal, financial, or other advice. Always consult a qualified health care professional before making any change to your medical care, diet, supplement regimen, or lifestyle. Never disregard, avoid, or delay seeking professional medical advice because of something you read, watched, or heard on the Services.
Statements about products and protocols on the Services have not been evaluated by the U.S. Food and Drug Administration, Health Canada, the European Medicines Agency, or any other regulator. Products and protocols discussed on the Services are not intended to diagnose, treat, cure, or prevent any disease. Individual results vary. Past results are not a guarantee of future results.
We make reasonable efforts to ensure that information on the Services is accurate and current. We do not warrant that any content is complete, accurate, current, error-free, or free from typographical or photographic errors. We may update content at any time without notice and have no obligation to do so.
9. Purchases, Billing, and Refunds
9.1 Pricing. All prices are listed in the currency shown at checkout (typically United States Dollars (USD), unless another currency is indicated) and are exclusive of applicable taxes, duties, and shipping fees, which are calculated and added at checkout. We may change prices at any time, but a change in price will not affect orders that have already been placed.
9.2 Payment. Payment is processed by Stripe, Inc., our third-party payment service provider. We may add or change processors from time to time. By providing payment information, you authorize the relevant processor to charge the payment method you have selected for the full amount of your order, including taxes and fees.
9.3 Order acceptance. Your order is an offer to purchase. We may accept or decline any order at our discretion. We will confirm acceptance by sending you an order confirmation email. If we are unable to fulfill an order, we will notify you and refund any amount charged.
9.4 Subscriptions and auto-renewal. If you subscribe to a recurring product (such as the EMF Circle membership), you authorize us to charge your payment method on a recurring basis at the interval and amount disclosed at checkout, until you cancel. You may cancel a subscription at any time through your account dashboard or by contacting [email protected]. Cancellations take effect at the end of the then-current billing cycle, and you continue to have access for the remainder of that cycle. Except as required by law or as expressly stated in the product’s refund policy, we do not refund partial billing periods.
9.5 Refunds. Our refund policy is described on the product’s checkout page or in the order confirmation. Unless a different policy is stated, we offer a thirty (30) day money-back guarantee on most digital products and courses, calculated from the date of purchase. To request a refund, contact [email protected] from the email address used at purchase. We may decline refund requests that we determine in good faith to be fraudulent, abusive, or made outside the applicable refund window. For physical products, you must return the product in resaleable condition; shipping costs may be non-refundable.
9.6 Taxes. You are responsible for any taxes, duties, or government charges applicable to your purchase, except for taxes we are required by law to collect from you, which we will charge and remit to the relevant authority.
9.7 Billing errors. If you believe a charge is incorrect, please contact us at [email protected] within sixty (60) days of the charge so that we can investigate.
9.8 Shipping. Shipping times for physical products are estimates only. We are not responsible for delays caused by carriers, customs, weather, or other circumstances beyond our reasonable control. Risk of loss passes to you upon delivery to the carrier.
10. Electronic Communications and Consent
By creating an account, making a purchase, subscribing to a newsletter, or providing your contact information through the Services, you consent to receive electronic communications from us, including emails relating to your account, your purchases, our newsletters, product updates, marketing communications, and other transactional and promotional messages. You also consent to receive notices and disclosures from us electronically. Electronic notices satisfy any legal requirement that such communication be in writing, except where applicable law expressly requires a different form.
For commercial electronic messages sent to recipients in Canada, our practices comply with Canada’s Anti-Spam Legislation (CASL). For commercial messages sent to recipients in the European Economic Area or the United Kingdom, our practices comply with the GDPR and the ePrivacy Directive (and equivalent national implementations). For phone calls or text messages, we comply with the Telephone Consumer Protection Act (TCPA), the Telecommunications Consumer Protections regulations, and equivalent rules in other jurisdictions where applicable. You can withdraw consent and opt out of marketing communications at any time using the unsubscribe link in our emails, replying with the relevant opt-out keyword to a text message, or contacting [email protected].
11. Third-Party Links and Services
The Services may contain links to third-party websites, products, services, applications, advertisements, and content (including affiliate offers, social media, video platforms, and partner sites). We provide these links for convenience and information. We do not control, endorse, or assume responsibility for any third-party content or service. Your use of any third-party website or service is at your own risk and subject to the terms and privacy policy of that third party.
12. Copyright Complaints (DMCA Notice and Takedown)
We respect the intellectual property rights of others and expect users to do the same. If you believe that material accessible through the Services infringes a copyright that you own or control, you may submit a notice of infringement under the United States Digital Millennium Copyright Act (DMCA) and equivalent provisions of Canadian copyright law.
To submit a notice, send a written communication to our Designated Agent that includes: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, with sufficient information to allow us to locate the material; (d) your contact information, including name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
Designated Agent contact:
Copyright Agent, N&G Média Inc.
7-7898 rue St-Denis
Montreal, Quebec H2R 2G1
Canada
Email: [email protected]
If we receive a valid notice, we will respond as required by law, which may include removing or disabling access to the allegedly infringing material and notifying the user who provided it. We may terminate the accounts of repeat infringers in appropriate circumstances. If you believe your material was removed in error, you may submit a counter-notice that complies with the DMCA.
13. Termination and Suspension
You may stop using the Services at any time. You may close your account by contacting [email protected] from the email address associated with the account.
We may suspend or terminate your access to the Services, in whole or in part, with or without notice, if we reasonably believe that: (a) you have violated these Terms or any other agreement with us; (b) your conduct creates a risk of harm to us, to other users, to third parties, or to the integrity of the Services; (c) you have engaged in fraudulent, abusive, or unlawful activity; (d) you have failed to make any payment when due; or (e) suspension or termination is required by law.
Termination of your access does not relieve you of any payment obligations accrued before termination. Sections that by their nature should survive termination, including Sections 4 (Intellectual Property), 5 (User-Submitted Content), 8 (Health Disclaimer), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnification), 17 (Governing Law), 18 (Dispute Resolution), and 19 (General), will survive.
14. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE CONSUMER PROTECTION LAW, THE SERVICES AND ALL CONTENT, PRODUCTS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, OUR LICENSORS, AND OUR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INCLUDING ANY HEALTH, EMF, SCIENTIFIC, OR PRODUCT INFORMATION. YOU USE THE SERVICES AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THE EXCLUSIONS ABOVE APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OUR OFFICERS, OUR DIRECTORS, OUR EMPLOYEES, OUR AGENTS, OUR LICENSORS, OR OUR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY CONTENT OR PRODUCT MADE AVAILABLE THROUGH THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR ANY CONDUCT OF A THIRD PARTY ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT, OR ANY RIGHT THAT YOU HAVE AS A CONSUMER UNDER QUEBEC’S CONSUMER PROTECTION ACT OR ANALOGOUS CONSUMER PROTECTION LAW IN YOUR JURISDICTION.
16. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless N&G Média Inc., our affiliates, our officers, our directors, our employees, our agents, our licensors, and our service providers from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; (d) your User Content; or (e) your negligent or willful misconduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense.
17. Governing Law and Venue
These Terms and any dispute arising out of or related to these Terms or the Services are governed by the laws of the Province of Quebec, Canada, and the federal laws of Canada applicable in Quebec, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to the dispute resolution provisions in Section 18, you and we agree that the courts of the judicial district of Montreal, Province of Quebec, Canada, will have exclusive jurisdiction over any dispute, claim, or proceeding that is not subject to arbitration or that an arbitrator declines to hear. You consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.
Notwithstanding the foregoing, if you are a consumer in a jurisdiction whose mandatory consumer protection law gives you the right to bring proceedings in your local courts or under your local law, that right is not displaced by this Section.
18. Dispute Resolution; Binding Arbitration; Class Action Waiver
Please read this Section carefully. It affects your legal rights.
18.1 Informal resolution. Before bringing a formal proceeding, you and we agree to try to resolve any dispute informally for a period of at least sixty (60) days. To begin the informal resolution process, you must send a written notice describing the dispute and the relief you are seeking to [email protected] and to our mailing address. We will send our notice to the email address associated with your account.
18.2 Binding arbitration. If we cannot resolve a dispute informally, and except as provided in Section 18.4, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by a recognized arbitration body (such as ADR Chambers in Canada or the American Arbitration Association in the United States), under its then-current commercial arbitration rules. The arbitration will take place in Montreal, Quebec, Canada, in English, before a single arbitrator. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
18.3 Class action waiver. You and we agree that any dispute will be resolved on an individual basis only. Neither you nor we may serve as a representative or class member, or participate as a representative or class member, in any class, collective, consolidated, or representative action.
18.4 Carve-outs. Notwithstanding the foregoing: (a) either party may bring an action in small claims court for disputes within that court’s jurisdiction; (b) either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information; (c) where mandatory consumer protection law in your jurisdiction prohibits the enforcement of an arbitration agreement or class action waiver against a consumer (including, where applicable, the Consumer Protection Act of Quebec, the Consumer Rights Act in the United Kingdom, and the consumer protection laws of certain US states), this Section does not apply to the extent it would be unenforceable, and the dispute may be resolved in the courts identified in Section 17; and (d) nothing in this Section prevents you from filing a complaint with a government agency, regulator, or supervisory authority.
18.5 Severability of arbitration provisions. If any portion of this Section 18 is found to be unenforceable, the remainder will continue in effect. If the class action waiver is found to be unenforceable in a particular case, that case will proceed in court rather than in arbitration.
18.6 Time limit. Any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the cause of action arises, or the claim is permanently barred, except where applicable law requires a longer period and prohibits a contractual shortening.
19. General
19.1 Changes to the Terms. We may update these Terms from time to time. When we make material changes, we will provide reasonable advance notice through the Services or by email, and we will update the “Last Updated” date at the top of these Terms. Your continued use of the Services after the effective date of an updated version of these Terms constitutes your acceptance of the updates.
19.2 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be severed or modified only to the extent necessary, and the remaining provisions will remain in full force and effect.
19.3 No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision. A waiver is only effective if it is given in writing and signed by us.
19.4 Assignment. You may not assign or transfer these Terms or any rights under these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, financing, reorganization, or sale of assets, or in any other circumstances we determine in good faith. Any attempted transfer in violation of this Section is void.
19.5 Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil disturbances, government actions, labor disputes, internet or telecommunications outages, third-party service failures, or shortages of materials or energy.
19.6 Entire agreement. These Terms, together with our Privacy Policy, any product-specific terms (such as the access and refund terms for a specific course or membership), and any other policies expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Services and supersede all prior agreements and understandings on the subject.
19.7 Headings. Section headings are for convenience only and do not affect interpretation.
19.8 Notices to us. Notices to us must be sent to [email protected] and to our mailing address.
19.9 Notices to you. Notices to you may be sent by email to the address associated with your account, by posting on the Services, or by any other reasonable means.
19.10 Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont expressément demandé que les présentes Conditions et tous les documents connexes soient rédigés en anglais.
20. Contact Us
Email (general): [email protected]
Email (legal and copyright): [email protected]
Email (privacy): [email protected]
Mailing address:
N&G Média Inc.
7-7898 rue St-Denis
Montreal, Quebec H2R 2G1
Canada