You & I Terms of Use

Welcome to You & I Podcast, youandipodcast.com, (the “Site”), owned, operated and provided by JKE Media Inc., a company incorporated in the province of British Columbia, Canada (the “Company”, “we”, “us” or “our”).  BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. Your access to, and use of this Site is expressly conditioned on your acceptance without modification of the following Terms of Use. By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Term of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us for other products or services. All questions or comments about the Site or its contents should be directed to us@youandipodcast.com.

1.  Incorporated Policies or Terms

We believe strongly in protecting user privacy and providing you information regarding the processing of personal information collected from the Site. Therefore, we have adopted a Privacy Policy that you should refer to fully understand how we use and collect information.

2.   You & I

As part of the consideration for your acceptance of these Terms of Use, you may submit questions to the Company for consideration under the Contact Page section of the Site (each a “Submission”), which may be selected by the Company as a topic of focus for an episode of the “You & Me” podcast produced by the Company (the “Podcast”). As part of your Submission or related matters, you may need to provide to us personal information, including without limitation your name, address, phone number, email address, home address, name of family doctor, and answers to certain questions as part of your Submission.  In consideration of your use of the Site, you agree:

(i)             to provide true, accurate, current and complete information about yourself;

(ii)            that the Company reserves the right not to use your Submission for the Purpose.  Conversely, you also agree that the Company may choose your Submission as a topic of focus for general non-medical, non-health-related advice for the Podcast without any additional consideration;

(iii)           that you represent and warrant that you have the capacity and authority to execute agreements;

(iv)           that you are responsible for any and all costs and charges incurred in order to use the Site; and

(v)            that you are fully responsible for all activities that occur during your Submission, and accept all liability for any acts or omissions arising out of your use of the Site.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may refuse any and all current and future use of the Site by you. Assessment information and certain other information about you is subject to our Privacy Policy.

3.   No Medical advice or health-related advice provided via the site.

YOU HEREBY AGREE AND ACKNOWLEDGE THAT EVERYTHING CONTAINED ON THE SITE AND/OR INCLUDED IN THE PODCAST, INCLUDING WITHOUT LIMITATION THE OPERATION, CONTENT, INFORMATION AND MATERIALS INCLUDED ON THE SITE OR IN THE PODCAST, DOES NOT CONSTITUTE MEDICAL OR HEALTH-RELATED ADVICE AND SHALL NOT BE TREATED OR RELIED ON AS SUCH.  WITHOUT LIMITING THE FOREGOING, THE SITE AND THE PODCAST ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.  THEY ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, WHETHER MEDICAL, LEGAL OR OTHERWISE.  THE INFORMATION PROVIDED ON THE SITE OR ON THE PODCAST SHOULD NOT BE USED FOR SELF-DIAGNOSIS OR TREATING A HEALTH PROBLEM OR DISEASE. 

4.   Intellectual Property

All content included on this Site is the property of the Company and/or our various third party licensors, providers and distributors and is protected under the intellectual property laws of Canada and other jurisdictions. None of the content found on this Site may be reproduced, republished, distributed, displayed, posted, transmitted, sold, transferred, or modified in any form or by any means, without the express written permission of the Company and/or its third party providers and distributors.

The term “content” as used in this Terms of Use includes any text, graphics, images, design, trademarks including logos, audio, video, software, data compilations and any other form of information capable of being stored in a computer, and the selection and arrangement of the foregoing that appears on or forms part of this Site.

5.   Use of Site

We grant you a limited license to use this Site for entertainment or informational purposes only. You shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) making derivative uses of the Site or its contents; or (b) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of the Company or any third party.

This Site and the content provided in this Site may not be reproduced, republished, distributed, displayed, posted, transmitted, sold, transferred, or modified without our written permission, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of the Company or the respective copyright owner, (a) copy, publish, or post the materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials presented on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.

You may not, without our express written permission, use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images), or the content of any text or the layout/design of any page or form contained on a page found at this Site. Further, you may not use any meta tags or any other “hidden text” utilizing one of our names, trademarks, or product names without our express written consent.

6.  Age and Responsibility

You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of your use of this Site. You understand that you are financially responsible for all of your uses of this Site.

7.  Termination

You agree that we, in our sole discretion, may terminate your use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the Terms of Use or applicable laws or regulations. We may also, in our sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that we may immediately delete all related information and files relating to your Assessment, if any, and/or bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination or restriction of access to the Site.

8.  Disclaimer of Warranties and Representations

Your use of the Site is at your sole risk. The Site and the materials therein are provided “as is” and “as available” basis. You acknowledge that you have been advised by us to undertake your own due diligence with respect to this Site. We make no representations or warranties, either express or implied, of any kind with respect to the Site, its operation, contents, information or materials.

We expressly disclaims all representations and warranties, express or implied, of any kind with respect to this Site or its use, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, currency, reliability or suitability of any of the content or data found on this Site, title and non-infringement, and those arising by statute or otherwise in law or equity, or from a course of dealing or usage of trade.

9.   Limitation of Liability

YOU AGREE THAT THE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR IN RELIANCE ON THE DATA OR OTHER INFORMATION AVAILABLE ON THE SITE. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED THE AMOUNT OF CDN $100.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

10.  Indemnification

You shall indemnify, defend and hold harmless the Company and our officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use of this Site, including but not limited any violation by you of the Terms of Use. We reserve the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.

11.   Links

This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked web site or information contained therein. We shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.

12. Relationship

The relationship between the Company and you is not construed to be that of partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or use of this Site.

13.  Governing Law

These Terms of Use and the performance hereof shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and this Terms of Use.

14.  Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

15.  Severability

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

16.  Headings

The headings used in the Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

17. Entire Agreement

The Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.