Legal
Terms & Conditions
Please read these Terms and Conditions ("Terms") carefully before using the website at jcdsmedia.com (the "Site") or engaging the services of JCDS MEDIA & ADVERTISING INC ("JCDS Media", "we", "our", or "us"). By accessing the Site or submitting an inquiry, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Site immediately.
1. About JCDS Media
JCDS Media is a programmatic media agency incorporated in the Province of Ontario, Canada. We provide digital media planning, buying, campaign management, and optimization services primarily through Google Display & Video 360 (DV360), YouTube Ads, Connected TV (CTV), programmatic audio, and related channels. All client engagements are governed by a separate written service agreement.
2. Use of the Site
The Site is intended for informational purposes and to allow prospective clients to submit service inquiries. You agree to use the Site only for lawful purposes and in accordance with these Terms. You must not:
- Use the Site in any way that violates applicable federal or provincial law or regulation
- Transmit unsolicited or unauthorized advertising or promotional material
- Introduce viruses, trojans, or other malicious or technologically harmful material
- Attempt to gain unauthorized access to any part of the Site or its infrastructure
- Scrape, harvest, or collect content or data from the Site without our express written consent
3. Inquiry Submissions
By submitting an inquiry form on the Site, you represent that the information provided is accurate and complete to the best of your knowledge. Submission of an inquiry does not create any obligation on either party and does not constitute a contract for services. We reserve the right to accept or decline any inquiry at our sole discretion.
4. Media Services
All media management services are subject to a separate written agreement executed between JCDS Media and the client. These Terms do not constitute, and should not be construed as, an offer to provide services. Once a service agreement is in place:
- Media budgets are allocated and managed according to the agreed strategy and client approval
- Performance targets and projections are estimates based on available data and industry benchmarks and do not constitute guarantees
- Results depend on factors outside our control, including platform algorithm changes, auction dynamics, audience availability, and market conditions
- Client is responsible for the accuracy of materials, assets, and information provided to JCDS Media for campaign execution
- Google platform policies and third-party platform terms of service apply to all campaigns and must be adhered to by the client
5. Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of JCDS MEDIA & ADVERTISING INC or its licensors and is protected by applicable Canadian and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.
Campaign work product developed by JCDS Media under a client engagement (such as creative strategy documents, media plans, and reporting) remains subject to the intellectual property provisions of the applicable service agreement.
6. Third-Party Links and Platforms
The Site may contain links to third-party websites or refer to third-party platforms (such as Google's advertising products). These links are provided for convenience only. JCDS Media does not endorse, control, or assume any responsibility for the content, privacy practices, or terms of any third-party website or platform. Your use of third-party platforms is governed by their respective terms.
7. Disclaimer of Warranties
The Site and all content thereon are provided on an "as is" and "as available" basis without any representations or warranties of any kind, express or implied. To the fullest extent permitted by applicable law, JCDS Media disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
8. Limitation of Liability
To the maximum extent permitted by the laws of Ontario and Canada, JCDS Media, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site or reliance on any information contained herein. This includes, without limitation, loss of profits, data, or goodwill. Our aggregate liability for direct damages, if any, shall not exceed one hundred Canadian dollars (CAD $100.00).
Nothing in these Terms limits liability that cannot be excluded by law, including liability for gross negligence or fraudulent misrepresentation.
9. Privacy
The collection and use of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the practices described in the Privacy Policy.
10. Governing Law and Jurisdiction
These Terms 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 its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
11. Dispute Resolution
In the event of a dispute, we encourage you to contact us first at hello@jcdsmedia.com so that we may attempt to resolve the matter informally. If the dispute cannot be resolved informally within 30 days, either party may pursue their rights through the courts of competent jurisdiction in Ontario.
12. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of the Site after changes have been posted constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and JCDS Media with respect to your use of the Site. They supersede all prior or contemporaneous understandings regarding such subject matter.
15. Contact
Questions or concerns regarding these Terms may be directed to:
JCDS MEDIA & ADVERTISING INC
180 Northfield Dr. W, Unit 4
Waterloo, ON N2L 0C7
Canada
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