is a legal Agreement ("Agreement") between you, including any company
or other business entity you are representing, if any (collectively, the
"User") and Livingston International Inc., its affiliates and related
companies and entities (“
The access to Solutions is offered to User conditional upon User’s acceptance without modification of this Agreement. User acknowledges that, from time to time, it may be necessary for
Solutions are Internet-based applications owned by
Each User must: (a) provide true, accurate, current and complete information on the Solutions' registration form and (b) maintain and promptly update the registration data as necessary. If, after investigation, we have reasonable grounds to suspect that any User’s information is untrue, inaccurate, fraudulent, not current or incomplete, we may suspend or terminate that User’s account and prohibit any and all current or future use of the Solutions (or any portion thereof) by that User.
User will receive a User name and password upon completing the Solutions'
registration process and is wholly responsible for maintaining the
confidentiality thereof and wholly liable for all activities occurring there under.
User, and not Livingston, is entirely responsible for all content that he or
she uploads, posts, emails or otherwise transmits via
Use of Product Database:
Livingston’s Solutions the user is able to view all current parts that are
stored in their product database on
the Importer of Record, customs regulations require you to exercise “reasonable
care”, and you should advise
· New parts, sku’s, products, or commodities
· Changes to the country where your products are sourced
· Changes to your supplier or vendor
· A ruling obtained from Customs
· A finding during a Customs audit
The Solutions also allow for a full download of the user’s product database. In consideration of the transfer / download of the user’s Product Database, the receipt and sufficiency of which is hereby acknowledged, the user hereby fully and finally releases and forever discharges Livingston which includes its directors, officers, servants, agents, employees, successors, present and future subsidiaries and affiliated or related corporations, partners, trustees, heirs, personal representatives, associates, insurers and assigns, of and from any and all manner of action, causes of action, debts, claims, legal costs, or demands relating in any way to any causes of action that have been, or could have been, asserted by the user in connection with the transfer / download of any information contained in their Product Database to the user and/or its assigned parties. Furthermore, the user agrees to not to make any claim or take any proceeding in connection with any of the claims released by virtue of the preceding paragraphs against any other person, corporation or entity who might claim contribution or indemnity from Livingston by virtue of the said claim, proceeding or complaint.
Use of Insight Imaging
the documents that are sent to or prepared by
Entry Summary (7501 / B3) Commercial Invoice
Customs/Proforma Invoice Carrier Manifest
Waybill Bill of Lading
Arrival Notice Delivery Order
part of this service,
Some examples of other record keeping requirements not covered by Insight Imaging[S1] include, but are not limited to:
requires parties to keep “original” records. “The term “original”, when
used in the context of maintenance of records, has reference to records that
are in the condition in which they were made or received by the person
responsible for maintaining the records pursuant to 19 U.S.C. 1508 and the
provisions of this chapter” (19 CFR 163.1). For the purpose of this
regulation, clients may consider records obtained from
accepting this Agreement, the User accepts that all information or data input,
transmitted to and/or stored within the Solutions becomes the sole property of
User is required to pay a fee for all or any part of the Solutions for which
User has chosen to register. User acknowledges that Livingston reserves the
right to change any fees (which includes but is not limited to, increasing
prices and charging a fee for upgrades and/or a Solutions for which Livingston
does not currently charge a fee) at any time, provided, however, that
Livingston gives the User reasonable notice prior to making any fee changes. In
termination of any User’s access to Livingston Solutions hereunder may be
effected without notice and, on such termination;
Each User’s use of the Solutions is at his or her sole risk. The Solutions is provided on an "as is" and "as available" basis. Each User will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any such material or otherwise. Livingston makes no warranty that (a) the Solutions and materials will meet the User’s requirements; (b) the Solutions and materials will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Solutions or materials will be effective, accurate, or reliable; (d) the quality of any products, Solutions, or materials purchased or accessible by the User through the site will meet the User’s expectations; and (e) any errors in the software obtained from or used through the site or any defects in the site, its Solutions or materials, will be corrected.
Livingston’s total cumulative liability for direct damages under this Agreement shall be limited to CAD $1,000.00 even if such damages arise out of Livingston’s gross negligence or willful misconduct or even if Livingston has been advised of the possibility of such damages. Livingston shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other losses (even if Livingston has been advised of the possibility of such damages), resulting from any User’s use or inability to use the Solutions; unauthorized access to or alteration of the User’s transmissions or data; statements or conduct of any third party on the Solutions; or any other matter relating to Livingston or any Solutions.
trademarks, logos, and Solutions marks (“marks”) displayed in the Solutions are
the property of Livingston or other third parties. You are not permitted
to use the marks without the prior written consent of Livingston or such third
party that may own the marks. “Insight” is a registered trademark of
It is the express wish of the parties that the terms and conditions of use and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.