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THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING AN XPODRADIO SITE.

INTRODUCTION
These Terms and Conditions apply to all XPODRADIO Internet sites which reference these Terms and Conditions, including XPODRADIO.com. By using an XPODRADIO Site, or any of the products or services (collectively the "Services") available on an XPODRADIO Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular XPODRADIO Site or Service, all as may be modified by XPODRADIO from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use an XPODRADIO Site or any of the Services on an XPODRADIO Site.

Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of an XPODRADIO Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.

PRIVACY
For information on how user information is collected, used and disclosed by XPODRADIO in connection with your use of an XPODRADIO Site and any of the Services, please consult our Privacy Policy.

REGISTRATION, ACCOUNTS and PASSWORDS
Certain of the Services and related features made available on an XPODRADIO Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on an XPODRADIO Site, and (b) all activities that occur under such password or account. Further, you agree to notify XPODRADIO of any unauthorized use of your password or account. XPODRADIO shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

RESTRICTIONS ON USE OF MATERIALS
All material, information and content (collectively "Content") available on an XPODRADIO Site, including the manner in which such Content is presented, and the Services are: Copyright © xpodradio, its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. XPODRADIO grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through an XPODRADIO Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

USER CONDUCT
In consideration of the availability, and your use, of an XPODRADIO Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such XPODRADIO Site or Service. You acknowledge that XPODRADIO may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

* post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use an XPODRADIO Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying an XPODRADIO Site, any of the Services, or the Internet;
* post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
* post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.

RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use an XPODRADIO Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of an XPODRADIO Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of an XPODRADIO Site may contain material that is inappropriate for minors.

FORUMS AND CONTENT SUBMISSIONS By uploading materials to any chat board or forum available on an XPODRADIO Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on an XPODRADIO Site, you automatically grant (or warrant that the owner of such materials expressly grants) XPODRADIO a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. XPODRADIO cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that XPODRADIO reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) AN XPODRADIO SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT XPODRADIO MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) XPODRADIO SPECIFICALLY MAKES NO WARRANTIES THAT AN XPODRADIO SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF AN XPODRADIO SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

PROFESSIONAL INFORMATION DISCLAIMER
The XPODRADIO Sites may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of an XPODRADIO Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that XPODRADIO, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.

FINANCIAL INFORMATION DISCLAIMER
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by XPODRADIO through an XPODRADIO Site or any of the Services is: (a) for information purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by XPODRADIO; and (c) not necessarily reflective of the views or policy of XPODRADIO, including the publisher, contributors and staff of, and advertisers on, an XPODRADIO Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by XPODRADIO. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. XPODRADIO DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE.

You acknowledge that XPODRADIO or its affiliates may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through an XPODRADIO Site. The views and opinions expressed on an XPODRADIO Site are not intended to constitute a description of securities bought, sold, or held on behalf of XPODRADIO nor an indication by XPODRADIO of any intention to buy, sell, or hold any security.

DISCLAIMER REGARDING SEARCH CONTENTAny and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through an XPODRADIO Site's search services are protected by copyright and/or other intellectual property laws. XPODRADIO does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside an XPODRADIO Site, all of the Multimedia Content contained on such sites is owned and served by entities other than XPODRADIO. XPODRADIO provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through an XPODRADIO Site's search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.

MONITORING
You acknowledge that XPODRADIO has no obligation to monitor an XPODRADIO Site or any content accessible through an XPODRADIO Site or any of the Services. However, you agree that XPODRADIO has the right to monitor an XPODRADIO Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate an XPODRADIO Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy.

MODIFICATIONS
XPODRADIO reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on an XPODRADIO Site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of an XPODRADIO Site and any of the Services immediately. Your continued use of an XPODRADIO Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, XPODRADIO reserves the right to change, modify, suspend or discontinue any aspect of an XPODRADIO Site, Services or Content from time to time without notice or liability and for any reason whatsoever.

DOWNLOADS AND SHAREWARE
Certain XPODRADIO Sites allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by XPODRADIO or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by XPODRADIO or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that XPODRADIO or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that XPODRADIO, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.

CONTENT LINKED TO AN XPODRADIO SITE
Please exercise discretion while browsing the Internet. Please note that certain links on an XPODRADIO Site may take you to other websites. XPODRADIO provides these links only as a convenience and not as an endorsement by XPODRADIO. These linked sites are not necessarily under the control of XPODRADIO. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. XPODRADIO is not responsible for the content of any such linked sites or any other web page which is not part of an XPODRADIO Site and under XPODRADIO's control. Unless otherwise expressly provided, XPODRADIO makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that XPODRADIO will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from an XPODRADIO Site.

DEALINGS WITH THIRD PARTIES You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, an XPODRADIO Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. XPODRADIO assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your's alone. You agree that XPODRADIO shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

SUBSCRIPTION/FEE BASED SERVICES Certain of the Services made available on an XPODRADIO Site may be offered by XPODRADIO on a payment basis (a "Pay Service"). Pay Services may be offered by XPODRADIO on a prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase a Pay Service, you will be required to register as described above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process. You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. XPODRADIO reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.

Please note that Subscription Pay Services renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period.

By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account.

In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever, (d) that XPODRADIO reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that XPODRADIO reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where XPODRADIO has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by XPODRADIO shall be in addition to and without prejudice to such rights and remedies as may be available to XPODRADIO, including injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by XPODRADIO or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, XPODRADIO reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless each of XPODRADIO, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on an XPODRADIO Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of an XPODRADIO Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from an XPODRADIO Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL XPODRADIO, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER XPODRADIO HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF AN XPODRADIO SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO AN XPODRADIO SITE OR ANY OF THE SERVICES.

You expressly acknowledge that XPODRADIO has entered into this agreement, and has and will make an XPODRADIO Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and XPODRADIO. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

GOVERNING LAW/JURISDICTIONAL ISSUES
All XPODRADIO Sites and Services are controlled, operated and administered by XPODRADIO from its offices within Canada. XPODRADIO makes no representation or warranty that an XPODRADIO Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access an XPODRADIO Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through an XPODRADIO Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of British Columbia, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of British Columbia and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

TERMINATION
You acknowledge and agree that XPODRADIO, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, an XPODRADIO Site or any of the Services, and remove and discard any information or content related to an XPODRADIO Site or any of the Services (and your use thereof), for any reason, including where XPODRADIO believes that you have violated any of these Terms and Conditions. You further agree that XPODRADIO shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with an XPODRADIO Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of XPODRADIO in operating an XPODRADIO Site or any of the Services, your sole and exclusive remedy is to discontinue using an XPODRADIO Site or any of the Services.

SUBMISSION OF IDEAS AND/OR SUGGESTIONS
XPODRADIO is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO XPODRADIO BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO XPODRADIO, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO XPODRADIO THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT XPODRADIO IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY XPODRADIO, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

GENERAL PROVISIONS
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between XPODRADIO and you pertaining to your use of an XPODRADIO Site, Services and Content and supercede any prior agreements between you and XPODRADIO with respect to the subject matter hereof. XPODRADIO's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.

XPODRADIO Privacy Code

Most recently amended uly 28, 2006.
Scope And Application Of The XPODRADIO Privacy Code:

The scope and application of the XPODRADIO Privacy Code are as follows:

The XPODRADIO Privacy Code applies to Personal Information about XPODRADIO Employees and non-employee Persons who interact with XPODRADIO that is collected, used or disclosed by XPODRADIO.

* Employees in this context includes past and present employees and independent contractors of XPODRADIO.
* Non-employee Persons in this context includes Individuals who are viewers, readers, subscribers, advertisers, contest participants, job applicants, Internet users who are exposed to the media content of XPODRADIO or an XPODRADIO Company and about whom XPODRADIO collects Personal Information.

The XPODRADIO Privacy Code applies to the management of Personal Information in any form whether oral, electronic or written. XPODRADIO reserves the right to amend this XPODRADIO Privacy Code from time to time.

The application of the XPODRADIO Privacy Code is subject to the requirements or provisions of any applicable legislation, regulations or agreements (such as collective agreements), or the order of any court or other lawful authority.

Exclusions from privacy protection: The XPODRADIO Privacy Code does not impose any limits on the collection, use or disclosure of the following information by an XPODRADIO Company: a) information that is publicly available, such as a Person's name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about XPODRADIO customers, or number of visitors and average time spent on a website.
Purposes for Collection of Personal Information:

XPODRADIO has collected and collects Personal Information for the following purposes: a) to establish and maintain responsible commercial relations with Individuals and to provide ongoing service; b) to understand Individual needs; c) to develop, enhance, market or provide products and services; d) to manage and develop its business and operations, including personnel and employment matters; and e) to meet legal or regulatory requirements, including to protect or defend a legal interest, and in connection with an actual or possible XPODRADIO corporate re-organization, merger or amalgamation with another entity, or an actual or possible sale of all or a substantial portion of the assets of XPODRADIO, provided that the Personal Information disclosed continues to be used by the entity acquiring the information either for evaluation of the possible transaction, or, on completion of any such transaction, for the purposes permitted by this Privacy Policy.

As examples of the above:

i) XPODRADIO may from time to time use a Person's Personal Information to contact the Person about changes, enhancements or similar notices related to XPODRADIO products and services;

ii) if a Person indicated that he/she was interested in receiving offers or information from XPODRADIO or certain of our selected sponsors or advertisers, XPODRADIO may send the Person materials about products and services that XPODRADIO feels may be of interest to the Person; and

iii) if a Person enters a contest or other promotion offered on an XPODRADIO website, XPODRADIO may, under the rules of the promotion, use the Person's name and certain other information to administer the promotion, such as contacting, announcing and promoting the winners of the promotion.

Obtaining Consent:

XPODRADIO will make a reasonable effort to make sure Persons understand how their Personal Information will be used by XPODRADIO. XPODRADIO will obtain consent from Persons before or when it collects or uses the Personal Information. XPODRADIO will not attempt to deceive Persons into giving consent.

A Person's consent can be express, implied, or given through an authorized representative. A Person can withdraw consent at any time, with certain exceptions noted herein. XPODRADIO, however, may collect, use or disclose Personal Information without the Person's knowledge or consent in exceptional circumstances where such collection, use or disclosure is permitted or as required by law.

Note: If any Person at any time has any questions or concerns about XPODRADIO's privacy practices, the Person can write to Customer Service - Privacy, XPODRADIO, 2043 w14th Ave., Vancouver, BC, Canada, V6J 2K3

Refusing or withdrawing Consent:

Subject to legal and contractual requirements, a Person can refuse to consent to XPODRADIO's collection, use or disclosure of Personal Information about the Person, or a Person may withdraw the Person's consent to XPODRADIO's further collection, use or disclosure of Personal Information at any time in the future by giving XPODRADIO reasonable notice, unless: i) the consent relates to certain information required for credit approval which a Person applies for or accepts, ii) the consent is otherwise required by law or iii) the use or disclosure is permitted by law or is related to the legal or regulatory requirements described herein. If a Person refuses or withdraws the Person's consent, XPODRADIO may not be able to provide the Person or continue to provide the Person with some products, services or information which may be of value to the Person.

Internet Aspects:

Personal Information may be collected when a user conducts activities on or related to all websites of XPODRADIO Companies ("XPODRADIO Companies Sites") or related to services made available on the XPODRADIO Companies Sites ("XPODRADIO Companies Services"). Although information collected, used or disclosed on the Internet as described below often does not constitute Personal Information (and to the extent that such is the case, then the obligations under the XPODRADIO Privacy Code do not extend to such information), XPODRADIO provides the details below about Internet aspects of XPODRADIO Companies Services for the purposes of disclosure about XPODRADIO Companies Services.

Internet Protocol Address (IP Address)
When the user's web browser requests a web page from another computer on the Internet, it automatically gives that computer the address where it should send the information. This address is called the computer's "IP address." For most users accessing the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time the user logs on.

XPODRADIO Companies may use the user's IP Address to:

    * facilitate the diagnosis and remedy of a technical problem reported by the user's or XPODRADIO Company's technical team.
    * display (or allow the display by Third Party advertising providers of) more appropriate and relevant content and advertising, such as content and advertising based on the user's geographic area.
    * estimate user traffic from specific countries or organizations. Many IP addresses are commonly associated with Internet service providers, universities, or major corporations in specific regions or localities. Aggregate information derived from IP addresses may also be reported to advertisers.

Cookies
A cookie is a small text file, which often includes an anonymous unique identifier, that is sent to the user's web browser from a web site's computers and is stored on the user's computer's hard drive. Cookies cannot be used to run programs or deliver viruses to a user's computer.

XPODRADIO Companies may use cookies to:

    * improve the operation and performance of the XPODRADIO Companies Services and to make XPODRADIO Companies Services easier and more convenient to use. For example, cookies help XPODRADIO Companies provide more personalized services by recalling user preferences on subsequent visits (e.g. language preference). Cookies also allow XPODRADIO Companies to save passwords and preferences for a user so that the user will not have to re-enter them on the next visit to an XPODRADIO Companies Site;
    * measure aggregate user traffic and demographic statistics related to XPODRADIO Companies Services and advertisements (e.g. number of users, average time spent, average age and similar statistics). This information helps XPODRADIO Companies to better understand when to update, change or offer new services and provides XPODRADIO Companies with details as to the performance of Third Party advertisements and content. This information may be reported, in aggregate form only, to XPODRADIO Companies' current and prospective sponsors, advertisers and business partners. No Personal Information will be disclosed in such reports;
    * display advertisements. XPODRADIO Companies and Third Party advertising providers may use cookies when serving advertisements on XPODRADIO Companies Sites. In some cases, advertisements from Third Party advertisers are delivered to users (in conjunction with XPODRADIO Companies Services) by such Third Party advertisers, or by separately contracted advertising providers on their behalf, and not by XPODRADIO Companies; as such, the Third-party advertisers' use of cookies is subject to their own privacy policies, not the XPODRADIO Privacy Code, and users should consult the privacy policies of such Third Party advertisers.

Most browsers are initially set up to accept cookies. If a user prefers, the user can reset his/her browser either to notify the user when the user has received a cookie, or to refuse to accept cookies. The user should understand that while XPODRADIO Companies do not require a user to use cookies, certain XPODRADIO Companies Services will not function properly if a user sets his/her browser to not accept cookies.

Web Beacons
Certain XPODRADIO Companies Services may contain electronic images known as Web beacons - sometimes called single-pixel gifs - that allow XPODRADIO Companies to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access Personal Information; they are a technique used to compile aggregated statistics about XPODRADIO Companies service usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. Certain XPODRADIO Companies Services web pages may also contain Web beacons placed there by XPODRADIO Companies' advertising partners to help XPODRADIO Companies determine the effectiveness of XPODRADIO Companies' Internet advertising campaigns.

Links To Other Sites And Advertisements
An XPODRADIO Companies Service may contain links to other websites and services. While XPODRADIO Companies try to link only to sites and services that share XPODRADIO Companies' high standards and respect for privacy, a user should understand that XPODRADIO Companies are not responsible for the content of, or the privacy practices employed by, other companies or websites. This XPODRADIO Privacy Code applies only to the XPODRADIO Companies Services related to this XPODRADIO Privacy Code.

The majority of the advertisements which are displayed in connection with XPODRADIO Companies Services are served through one or more reputable Third Party advertisement-serving companies which deliver the advertisements to users in conjunction with XPODRADIO Companies Services. For more information about what information is collected and how information is used by a major Third Party advertising provider click here.

Additional Information
XPODRADIO Companies automatically collect certain information about the user's computer hardware and software. This information may include: browser type, operating system type, domain names, access times and referring Web site addresses. This information is used by XPODRADIO Companies to operate the service, to maintain the quality of the service, and to provide general statistics regarding use of the XPODRADIO Companies Sites.

Certain XPODRADIO Companies Services may be co-branded and offered in conjunction with another company. If a user registers for or uses such services, both XPODRADIO Companies and the other company may receive information collected in conjunction with the co-branded services.

The XPODRADIO Privacy Code in Detail
Definitions

XPODRADIO Companies - all companies providing communications services under The XPODRADIO brand.

Collection - the act of gathering, acquiring, recording or obtaining Personal Information from any source, including third parties, by any means.

Consent - voluntary agreement with the collection, use and disclosure of Personal Information for defined purposes. Consent can be either express or implied and can be provided directly by the Person or by an authorized representative. Express consent can be given orally, electronically or in writing but is always unequivocal and does not require any inference on the part of XPODRADIO. Implied consent is consent that can reasonably be inferred from a Person's action or inaction.

Disclosure - making Personal Information available to a Third Party.

Employee - an employee or independent contractor (including freelancers)1 of XPODRADIO.
1 The inclusion of independent contractors, including freelancers, within the definition of "Employee" is for convenience of reference only, and does in no manner imply that such individuals are employees of the company within the meaning of employment legislation or are in an employee-employer relationship with the company.

Individual - an individual other than an Employee who (a) corresponds with XPODRADIO, including complaints and including applications for employment; (b) enters an contest sponsored by XPODRADIO; or (c) uses, or applies to use, the products or services of XPODRADIO.

Person - an Employee or an Individual.

Personal Information - information about an identifiable Person, but not: a) information that is publicly available, such as a Person's name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about XPODRADIO customers, or number of visitors and average time spent on a website.

Third Party - a person other than the Person or his agent, or an organization other than an XPODRADIO Company.

Use - the treatment, handling, and management of Personal Information by the XPODRADIO Companies.
Principle 1 - Accountability
XPODRADIO is responsible for Personal Information under its control and shall designate one or more persons who are accountable for XPODRADIO's compliance with the following principles.

1.1 Responsibility for ensuring compliance with the provisions of the XPODRADIO Privacy Code rests with the senior management of XPODRADIO, which shall designate one or more persons to be accountable for compliance with the XPODRADIO Privacy Code. Other people within XPODRADIO Companies may be delegated to act on behalf of the designated person(s) or to take responsibility for the day-to- day collection and processing of Personal Information.

1.2 XPODRADIO has designated a Chief Privacy Officer to oversee compliance with the XPODRADIO Privacy Code. The Chief Privacy Officer can be contacted at Chief Privacy Officer, 2043 w14th Ave, Vancouver, BC, Canada, V6J 2K3.

1.3 XPODRADIO is responsible for Personal Information in its possession or control, including information that has been transferred to a Third Party for processing. XPODRADIO shall use appropriate means to provide a comparable level of protection while information is being processed by a Third Party (see Principle 7).

1.4 XPODRADIO has implemented policies and procedures to give effect to the XPODRADIO Privacy Code, including: a) implementing procedures to protect Personal Information and to oversee XPODRADIO's compliance with the XPODRADIO Privacy Code; b) establishing procedures to receive and respond to inquiries or complaints; c) training and communicating to staff about XPODRADIO's policies and practices; and d) developing public information to explain XPODRADIO's policies and practices.
Principle 2 - Identifying Purposes for Collection of Personal Information

XPODRADIO has collected and collects Personal Information for the purposes set out below, and shall identify the purposes for which Personal Information is collected at or before the time the information is collected.

2.1 XPODRADIO has collected and collects Personal Information for the following purposes: a) to establish and maintain responsible commercial relations with Individuals and to provide ongoing service; b) to understand Individual needs; c) to develop, enhance, market or provide products and services; d) to manage and develop its business and operations, including personnel and employment matters; and e) to meet legal or regulatory requirements, including to protect or defend a legal interest, and in connection with an actual or possible XPODRADIO corporate re-organization, merger or amalgamation with another entity, or an actual or possible sale of all or a substantial portion of the assets of XPODRADIO, provided that the Personal Information disclosed continues to be used by the entity acquiring the information either for evaluation of the possible transaction, or, on completion of any such transaction, for the purposes permitted by this Privacy Policy.

As examples of the above:

i) XPODRADIO may from time to time use a Person's Personal Information to contact the Person about changes, enhancements or similar notices related to XPODRADIO products and services;

Further references to "identified purposes" mean the purposes identified in this Principle 2.

2.2 XPODRADIO shall specify orally, electronically or in writing the identified purposes to the Person at or before the time Personal Information is collected. Upon request, persons collecting Personal Information shall explain these identified purposes or refer the Person to a designated person within XPODRADIO who shall explain the purposes.

2.3 Unless required by law, XPODRADIO shall not use or disclose, for any new purpose, Personal Information that has been collected without first identifying the new purpose and obtaining the consent of the Person.
Principle 3 - Obtaining Consent for Collection, Use or Disclosure of Personal Information

The knowledge and consent of a Person are required for the collection, use or disclosure of Personal Information, except where inappropriate.

3.1 Generally, XPODRADIO shall seek consent to use and disclose Personal Information at the same time it collects the information. However, XPODRADIO may seek consent to use and disclose Personal Information after it has been collected but before it is used or disclosed for a new purpose.

3.2 In obtaining consent, XPODRADIO shall use reasonable efforts to ensure that a Person is advised of the identified purposes for which Personal Information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the Person.

3.3 XPODRADIO will require Individuals to consent to the collection, use or disclosure of Personal Information as a condition of the supply of a product or service only if such collection, use or disclosure is required to fulfill the identified purposes.

3.4 In determining the appropriate form of consent, XPODRADIO shall take into account the sensitivity of the Personal Information and the reasonable expectations of the Persons.

3.5 In general, the use of products and services by an Individual, or the acceptance of employment or benefits by an Employee, constitutes implied consent for XPODRADIO to collect, use and disclose Personal Information for all identified purposes.

3.6 An Individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Individuals may contact XPODRADIO for more information regarding the implications of withdrawing consent.

3.7 In certain circumstances Personal Information can be collected, used or disclosed without the knowledge and consent of the Person. For example, XPODRADIO may collect or use Personal Information without knowledge or consent if it is clearly in the interests of the Person and consent cannot be obtained in a timely way, such as when the Person is a minor, seriously ill or mentally incapacitated.

XPODRADIO may also collect, use or disclose Personal Information without knowledge or consent if seeking the consent of the Person might defeat the purpose of collecting the information such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law.

XPODRADIO may also use or disclose Personal Information without knowledge or consent in the case of an emergency where the life, health or security of an individual or property is threatened.

XPODRADIO may disclose Personal Information without knowledge or consent to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise related to the legal or regulatory requirements described herein.
Principle 4 - Limiting Collection of Personal Information

XPODRADIO shall limit the collection of Personal Information to that which is necessary for the purposes identified by XPODRADIO.

XPODRADIO shall collect Personal Information by fair and lawful means.

4.1 XPODRADIO collects Personal Information primarily from Individuals or its Employees.

4.2 XPODRADIO may also collect Personal Information from other sources including credit bureaus, employers or personal references, or other third parties that represent that they have the right to disclose the information.
Principle 5 - Limiting Use, Disclosure and Retention of Personal Information

XPODRADIO shall not use or disclose Personal Information for purposes other than those for which it was collected, except with the consent of the Person or as required by law. XPODRADIO shall retain Personal Information only as long as necessary for the fulfillment of the purposes for which it was collected.

5.1 In certain circumstances Personal Information can be collected, used or disclosed without the knowledge and consent of the Person. (See Principle 3.7)

5.2 In addition, XPODRADIO may disclose a Person's Personal Information to: a) another person for the development, enhancement, marketing or provision of any of the products or services of XPODRADIO; b) a person who, in the reasonable judgment of the XPODRADIO Companies, is seeking the information as an agent of the Person; c) any XPODRADIO Companies to permit the provision of services requested by the Person, and d) a Third Party or Third Parties, where the Person consents to such disclosure or disclosure is required by law.

5.3 XPODRADIO may disclose Personal Information about its employees: a) for normal personnel and benefits administration; b) in the context of providing references regarding current or former employees in response to requests from prospective employers; or c) where disclosure is required by law.

5.4 Only those Employees of XPODRADIO who require access for business reasons, or whose duties reasonably so require, or properly designated representatives of XPODRADIO, are granted access to Personal Information about Individuals and Employees.

5.5 XPODRADIO shall keep Personal Information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where Personal Information has been used to make a decision about a Person, XPODRADIO shall retain, for a period of time that is reasonably sufficient to allow for access by the Person, either the actual information or the rationale for making the decision.

5.6 XPODRADIO shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to Personal Information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous.
Principle 6 - Accuracy of Personal Information

Personal Information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

6.1 Personal Information used by XPODRADIO shall be sufficiently accurate, complete and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a Person.

6.2 XPODRADIO shall update Personal Information about Persons as and when necessary to fulfill the identified purposes or upon notification by the Person.
Principle 7 - Security Safeguards

XPODRADIO shall protect Personal Information by security safeguards appropriate to the sensitivity of the information.

7.1 XPODRADIO shall protect Personal Information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. XPODRADIO shall protect the information regardless of the format in which it is held.

7.2 XPODRADIO shall protect Personal Information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.

7.3 All employees of XPODRADIO with access to Personal Information shall be required as a condition of employment to respect the confidentiality of Personal Information.
Principle 8 - Openness Concerning Policies and Practices

XPODRADIO shall make readily available to Persons specific information about its policies and practices relating to the management of Personal Information.

8.1 XPODRADIO shall make information about its policies and practices easy to understand, including: a) The title and address of the person or persons accountable for the compliance with the XPODRADIO Privacy Code and to whom inquiries or complaints can be forwarded; b) The means of gaining access to Personal Information held by XPODRADIO; and c) A description of the type of Personal Information held by XPODRADIO, including a general account of its use.

8.2 XPODRADIO shall make available information to help Persons exercise choices regarding the use of their Personal Information.
Principle 9 - Access to Personal Information

XPODRADIO shall inform a Person of the existence, use and disclosure of his or her Personal Information upon request and shall give the Person access to that information.

A Person shall be able to challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.

9.1 Upon request, XPODRADIO shall afford to a Person a reasonable opportunity to review the Personal Information in the Person's file. Personal Information shall be provided in understandable form within a reasonable time and at minimal or no cost to the Person.

9.2 In certain situations, XPODRADIO may not be able to provide access to all of the Personal Information that they hold about a Person. For example, XPODRADIO may not provide access to information if doing so would likely reveal Personal Information about a Third Party or could reasonably be expected to threaten the life or security of another person. Also, XPODRADIO may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law, or if the information was collected as part of journalistic, literary or artistic activities. If access to Personal Information cannot be provided, XPODRADIO shall provide the reasons for denying access upon request.

9.3 Upon request, XPODRADIO shall provide an account of the use and disclosure of Personal Information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, XPODRADIO shall provide a list of organizations to which it may have disclosed Personal Information about the individual when it is not possible to provide an actual list.

9.4 In order to safeguard Personal Information, an individual or employee may be required to provide sufficient identification information to permit XPODRADIO to account for the existence, use and disclosure of Personal Information and to authorize access to the individual's file. Any such information shall be used only for this purpose.

9.5 XPODRADIO shall promptly correct or complete any Personal Information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the Person's file. Where appropriate, XPODRADIO shall transmit to third parties having access to the Personal Information in question any amended information or the existence of any unresolved differences.

9.6 A Person can obtain information or seek access to his or her Personal Information by contacting a designated representative at XPODRADIO principal office.

9.7 An employee can obtain information or seek access to his or her Personal Information by contacting his or her immediate supervisor within XPODRADIO.
Principle 10 - Challenging Compliance
A Person shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for the compliance of XPODRADIO with the XPODRADIO Privacy Code.

10.1 XPODRADIO shall maintain procedures for addressing and responding to all inquiries or complaints from Persons about XPODRADIO's handling of their Personal Information. If any Person at any time has any questions or concerns about XPODRADIO's privacy practices, the Person can write to Customer Service - Privacy, XPODRADIO 2043 w14th Ave, Vancouver, BC, V6J 2K3.

10.2 XPODRADIO shall inform Persons about the existence of these procedures as well as the availability of complaint procedures.

10.3 The person or persons accountable for compliance with the XPODRADIO Privacy Code may seek external advice where appropriate before providing a final response to individual complaints.

10.4 XPODRADIO shall investigate all complaints concerning compliance with the XPODRADIO Privacy Code. If a complaint is found to be justified, XPODRADIO shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A Person shall be informed of the outcome of the investigation regarding his or her complaint.