Terms and Conditions

Table of Contents

1. Definitions
2. Terms and Conditions
3. Changes to the Terms and Conditions
4. Legal Capacity
5. eManifest Website
6. Access to eManifest Website
7. Availability of eManifest Website
8. Account Creation
9. Accounts, Usernames and Passwords
10. Cancelling Your Account
11. Editing and Deleting eManifest Information and eManifests
12. Collection, Use and Disclosure of eManifest Information
13. Communication
14. Authorization to e-mail, call or text and record calls
15. Representations and Warranties – eManifest Information
16. Representations and Warranties - Use of eManifest Website
17. Enforcement of the Terms and Conditions
18. Proprietary Rights
19. User Viewing Rights
20. Indemnification by You – Use of eManifest Website
21. Exclusion of Warranties by LIS – Use of eManifest Website
22. Exclusion of LIS’s Liability – Use of eManifest Website
23. Other Content
24. Entire Terms and Conditions, Severance and Headings
25. Notices
26. Governing Law

The following describes the terms on which LIS offers Users access to the eManifest Website.

1. Definitions

1.1. In the Terms and Conditions:

1. “Account” means your User information, eManifest Information and any other information stored on the eManifest Website which is available to you when you enter your username and password and your access is authenticated by the system;
2. “Archived eManifest” means a Complete eManifest with an Arrival Date earlier than the current date;
3. “Act” means the Livestock Identification and Commerce Act;
4. “Contact Information” means any information about a Contact entered on the eManifest Website by you;
5. “Complete eManifest” means a saved eManifest that has all the required information and has been reviewed and certified to be true and correct;
6. “eManifest” means the form of Livestock Manifest generated from the eManifest Website with a number starting with “eA”;
7. “eManifest Information” means all of the information entered by you on the eManifest Website and includes User Information, Contact Information, Livestock Information and Location Information;
8. “eManifest Website” means the site owned and maintained by LIS that enables Users to create eManifests for Transport Only;
9. “Incomplete eManifest” means a saved eManifest that has not be reviewed and certified to be true and correct;
10. “Inspection Site” means a place designated in the Regulations as an inspection site;
11. “LIS” means Livestock Identification Services Ltd.;
12. “LIS Database” means the database maintained by LIS as the delegated authority of the Minister under the Act and Regulations;
13. “Livestock” means cattle, horses and sheep;
14. “Livestock Information” means any information describing the Livestock transported on an eManifest entered on the eManifest Website by you;
15. “Livestock Manifest” means the livestock manifest required under the Act and Regulations;
16. “Location” means where the livestock are physically located either before or after transport;
17. “Location Information” means any information about a Location entered on the eManifest Website by you;
18. “Minister” means the Minister of Alberta Agriculture and Forestry;
19. “Regulations” means the Livestock Identification and Commerce General Regulation;
20. “Terms and Conditions” means the Terms and Conditions as may be amended from time to time;
21. “Transport Only” means that the Livestock described on the eManifest are not being transported:
1. out of the Province of Alberta;
2. for the purpose of sale or slaughter; or
3. to an Inspection Site.
22. “User” means an individual having an Account on the eManifest Website; and
23. “User Information” means any information about a User entered on the eManifest Website by a User.

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2. Terms and Conditions

2.1. The Terms and Conditions govern your relationship with LIS and your use of the eManifest Website.

2.2. Your use of the eManifest Website is voluntary and subject to the Terms and Conditions, which may be amended from time to time.

2.3. You agree to be legally bound by the Terms and Conditions by:

1. clicking the “I Agree” or “I Accept” buttons or other electronic acceptance wherever these buttons appear on the eManifest Website; or
2. accessing or using the eManifest Website.

2.4. If you do not agree to be legally bound by the Terms and Conditions you must stop using the eManifest Website and cancel your Account.

2.5. By agreeing to be legally bound by the Terms and Conditions you also agree that you are legally bound by and will comply with any information or additional documents available on the eManifest Website.

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3. Changes to the Terms and Conditions

3.1. LIS may make changes to any part of the Terms and Conditions at any time. When a change is made, LIS will post the amended and restated Terms and Conditions on the eManifest Website. You understand that the most recent version of the Terms and Conditions will be located on the eManifest Website.

3.2. Any changes to the Terms and Conditions are effective immediately upon posting. You understand and agree that if you use the eManifest Website after the date on which the Terms and Conditions have changed, LIS will treat your use as acceptance of the amended Terms and Conditions and you agree that the amended Terms and Conditions will apply to you.

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4. Legal Capacity

4.1. To create an Account with LIS you must:

1. have the legal capacity to enter into a binding contract; and
2. be a resident of the Province of Alberta.

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5. eManifest Website

5.1. The eManifest Website is an internet based option for use by persons transporting Livestock in Alberta for Transport Only and replaces the printed Livestock Manifest prescribed by the Act and Regulations for this purpose only.

5.2. You acknowledge and agree that LIS does not monitor, review, verify or otherwise certify the information entered by you on the eManifest Website. You are solely responsible for the validity of the information entered on the eManifest Website.

5.3. You acknowledge and agree that you are solely responsible for observing all applicable laws and regulations in Alberta and that your use of the eManifest Website will comply with those laws and regulations.

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6. Access to eManifest Website

6.1. The eManifest Website is accessible only by Users. If you are not a User, you are not eligible to use the eManifest Website.

6.2. Any specific limitations on the use of the eManifest Website can be found on the eManifest Website. Applicable Alberta and federal laws may further limit your use of the eManifest Website.

6.3. LIS reserves the right, without prior notice, to restrict access to the eManifest Website or subject the use of the eManifest Website to other conditions that LIS may impose in its discretion.

6.4. LIS may launch, change, upgrade, impose conditions to, suspend or stop any use of the eManifest Website without prior notice.

6.5. LIS may suspend or terminate your access to the eManifest Website at any time and for any reason without liability to you.

6.6. Except as warranted by the risk to the security, privacy or integrity of the eManifest Website, LIS will attempt to provide you with prior notice of the suspension or termination of access to the eManifest Website by sending you an e-mail, but LIS is not obligated to do so.

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7. Availability of eManifest Website

7.1. LIS shall use commercially reasonable efforts to make the eManifest Website available to you at all times but LIS shall not, in any event, be liable for interruptions or down-time of the eManifest Website.

7.2. LIS is constantly innovating in order to provide the best possible User experience. You acknowledge and agree that the eManifest Website may change from time to time without prior notice to you.

7.3. LIS further reserves the right to introduce new features, functionalities or applications to the eManifest Website or to future versions of the eManifest Website. The Terms and Conditions shall govern all new features, functionalities, applications, modifications, upgrades and alterations.

7.4. As part of this continuing innovation, you acknowledge and agree that LIS may stop (permanently or temporarily) providing access to the eManifest Website (or any features within the eManifest Website) to you or to Users generally at LIS’s sole discretion, without prior notice to you.

7.5. LIS reserves the right to change, upgrade, modify, limit or suspend the use of the eManifest Website or any of its related functionalities or applications at any time temporarily or permanently without prior notice.

7.6. You acknowledge and agree that LIS may set fixed upper limits, at any time, on the number of eManifests you may have on the eManifest Website or on the amount of storage space used for your eManifests.

7.7. The eManifest Website is not a substitute for your own records. You agree to have your own printed and/or electronic copies and back-ups of all information entered on the eManifest Website. You further understand and agree that the eManifest Website cannot be used or relied on nor is it intended to be used or relied on to record and maintain your information for your own purposes, including for any governmental, regulatory or court filings or proceedings to which you are subject.

7.8. You agree that LIS shall not be liable or responsible to you or to any third party for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with your use of the eManifest Website.

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8. Account Creation

8.1. You will need an Account to use the eManifest Website. You can create an Account by signing up online. Only one individual may be assigned to an Account.

8.2. To create an Account you must provide such personal information as may be required by the eManifest Website. You agree not to use any false, inaccurate or misleading information when signing up for your Account.

8.3. You will be unable to create an Account if you do not provide the required personal information.

8.4. The personal information you provide to create your Account will be used by LIS to verify any information LIS has about you in the LIS Database.

8.5. If you provide any information that is untrue, inaccurate or incomplete or, if LIS has reasonable grounds to believe that such information is untrue, inaccurate or incomplete, LIS may refuse to create an Account for you or may suspend, delete or deactivate your Account and refuse all current or future use of the eManifest Website.

8.6. To create an Account you must accept the Terms and Conditions. By accepting the Terms and Conditions, you agree that the Terms and Conditions will apply when you use the eManifest Website or when you use the tools available to interact with the eManifest Website.

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9. Accounts, Usernames and Passwords

9.1. You are the only person authorized to use your Account.

9.2. You must sign-in at least once in every two-year period to keep your Account active.

9.3. The e-mail address used to create your Account is your username. An e-mail address can only be associated with one Account.

9.4. The eManifest Website must only be accessed using your username and password.

9.5. You agree that you will:

1. choose a password that is unique to you and not easily guessed by others;
2. maintain the secrecy and confidentiality of your password;
3. not share, assign, or permit the use of your username and password by another person; and
4. immediately notify LIS if you become aware of any unauthorized use of your username or password any other breach of security of your Account.

9.6. You agree that you shall be responsible for all use and misuse of your username and password and that all activities that occur under your username will be deemed to have been authorized by you. Accordingly, you agree that you will be responsible for all activities that occur under your username.

9.7. LIS may suspend access to the eManifest Website, without notice, by deactivating usernames if LIS reasonably suspects that a username and password are being used to obtain unauthorized access to the eManifest Website or if a username and password are being used in any other inappropriate manner. These suspensions will be for a period necessary to permit the thorough investigation of such activity.

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10. Cancelling your Account

10.1. You may cancel your Account at any time and for any reason. To cancel your Account go to the User Information page under My Account on the eManifest Website.

10.2. LIS may cancel your Account if:

1. your Account is not been kept active; and
2. LIS has reasonable grounds to believe that you have breached any of these Terms and Conditions.

10.3. If your Account is cancelled:

1. your access to the eManifest Website will be terminated immediately;
2. your eManifests and your eManifest Information will no longer be available to you;
3. except for your e-Manifest Information associated with Archived eManifests, your User Information, Contact Information and Location Information will be deleted from the e-Manifest Website; and
4. your eManifest Information associated with your Archived eManifests will be retained by LIS.

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11. Editing and Deleting eManifest Information and eManifests

11.1. Subject to paragraph 11.2 you may edit and delete your User Information, Contact Information and Location Information at any time.

11.2. Editing or deleting your Contact Information or Location Information:

1. will change or remove the previously saved Contact Information or Location Information from the eManifest Website;
2. will change or remove the previously saved Contact Information or Location Information on any Incomplete eManifest; and
3. will not change or remove the previously saved Contact Information or Location Information on any Complete eManifest or Archived eManifest.

11.3. You may edit or delete any of your Complete eManifests or Incomplete eManifests at any time. Editing or deleting your Complete eManifests and Incomplete eManifests will change or remove the Complete eManifest or Incomplete eManifest on both your Account and the eManifest Website.

11.4. You may delete any of your Archived eManifests from your Account but deleting an Archived eManifest from your Account does not delete the Archived eManifest from the eManifest Website or the LIS Database.

11.5. You may only delete your Archived eManifests from the eManifest Website and the LIS Database by submitting a deletion request to LIS for review and processing.

11.6. You may only edit eManifest Information on an Archived eManifest by submitting a change request to LIS for review and processing.

11.7. All eManifest Information associated with an Archived eManifest is copied from the eManifest Website to the LIS Database.

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12. Collection, Use and Disclosure of eManifest Information

12.1. By creating an Account and using the eManifest Website you are authorizing LIS to:

1. collect your eManifest Information;
2. copy the eManifest Information associated with your Archived eManifests to the LIS Database;
3. use and disclose the eManifest Information associated with your Archived eManifests:
1. as authorized by the Act and Regulations and as permitted by law and the Terms and Conditions;
2. to perform database queries and do Livestock movement analysis;
3. to generate reports for use by LIS and others;
4. to perform analyses and develop benchmark and reporting statistics or indices; and
5. for such other purposes arising from and related to your use of the eManifest Website or as may be required by law.

12.2. By creating an Account you agree that LIS:

1. will maintain control of, and be responsible for, the integrity and function of the eManifest Website and manage the eManifest Website and its content;
2. may manage User’s access to the eManifest Website;
3. may suspend or revoke your use of and access to the eManifest Website and withhold data/information at its discretion;
4. may modify the description of events or attributes listed in the data fields maintained on the eManifest Website to meet changing eManifest Website requirements;
5. may audit your activities and perform audit functions and prepare audit reports, directly or through third parties, on any data/information and processes on the eManifest Website;
6. has proprietary rights to the data, reports, analysis, statistics and indices referred to in paragraph 12.1(c) and that paragraph 18 of the Terms and Conditions applies to these documents.

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13. Communication

13.1. The official method of communication between you and LIS shall be the e-mail address supplied by you as your username. All communications shall be deemed to have been sent and received on the date they were sent by LIS.

13.2. If for any reason you are unable to gain access to the eManifest Website after your Account is created you may contact LIS by one of the means of contact set out on the eManifest Website.

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14. Authorization to e-mail, call or text and record calls

14.1. You agree to receive e-mails and calls from LIS at the e-mail address and any of the telephone numbers that LIS has on file for you, including telephone numbers, you have provided us, or that we have obtained from third parties or through our own efforts. If the telephone number that LIS has on file is a mobile telephone number, you consent to receive text messages at that number or on that mobile device. Standard telephone minute and text charges may apply if LIS contacts you at a mobile number or device, and you are responsible for these charges.

14.2. You agree that LIS may contact you in the manner described above at the e-mail address and telephone numbers LIS has on file for reasons relating to your use of the eManifest Website or as authorized by applicable law.

14.3. You understand and agree that LIS may, in its discretion, monitor or record telephone conversations you have with LIS for quality control, training purposes, for LIS’s own protection, or as may be required by law. You acknowledge and understand that, while your communications with LIS may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by LIS.

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15. Representations and Warranties – eManifest Information

15.1. You represent, warrant and agree that:

1. you are of legal age to form a binding contract;
2. if you create an eManifest under a trade name, you are legally authorized to use that trade name to carry on business;
3. if you create an eManifest for another individual, you are acting on behalf of that individual with their express or implied consent;
4. if you create an eManifest on behalf of a corporation or partnership, you are acting on behalf of the corporation or partnership with the express or implied authority of the corporation or partnership;
5. you have full power and authority to enter into the Terms and Conditions and to perform the obligations hereunder;
6. you will use the eManifest Website only for purposes that are permitted by the Terms and Conditions;
7. the e-mail address to supply to create an Account is a valid e-mail address and will continue to be a valid e-mail address while your Account is active;
8. the address you provide to create an Account is your principal place of residence;
9. the address you provide when creating a Contact for a corporation or partnership is the principal place of business of the corporation or partnership;
10. all of the eManifest Information you provide will be true, accurate, current and complete as of the date provided;
11. you will submit a request to LIS to change the eManifest information on an Archived eManifest if there was any change to the eManifest Information between the date you reviewed and certified the eManifest Information to be true and correct and the date the Livestock was transported;
12. you will submit a request to LIS to delete an Archived eManifest if the Livestock described on the eManifest was not, in fact, transported; and
13. you will maintain and promptly update all eManifest Information to keep it true, accurate, current and complete.

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16. Representations and Warranties - Use of eManifest Website

16.1. You further represent, warrant and agree that you shall:

1. use the eManifest Website in compliance with the Terms and Conditions;
2. only use the eManifest Website for Livestock for your own commercial and business purposes or for other persons for whom you are authorized to create an eManifest as their agent;
3. not access (or attempt to access) the eManifest Website and Services by any means other than through the means and interface that is provided by LIS;
4. not engage in any activity that interferes with or disrupts the eManifest Website;
5. not use the eManifest Website to misrepresent the ownership or movement of any Livestock;
6. not impersonate any person or entity or misrepresent yourself or your affiliation with any person or entity;
7. not engage in any activity that would infringe LIS’s Intellectual Property Rights;
8. not engage in spamming or phishing;
9. not upload to or post any data on the eManifest Website that contains any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code;
10. not systematically retrieve eManifest Website content to create or compile, directly or indirectly, a collection, compilation, database or directory whether through automatic devices or manually processes;
11. not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence or give rise to civil liability) or encourage or abet any unlawful activities;
12. except as expressly authorized by paragraph 19.1, will not view, copy, download or print or in any way commercialize or exploit the eManifest Information available to you on the eManifest Website;
13. not introduce or upload any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; or
14. not undermine the integrity of the data, computer systems or networks used by LIS and/or any User or gain unauthorized access to such data, computer systems or networks.

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17. Enforcement of the Terms and Conditions

17.1. If you breach the Terms and Conditions or LIS has reasonable and probable grounds to believe that you are in breach of the Terms and Conditions, LIS may, without being required to investigate such breach or obtain confirmation and without any liability to you, do one or more of the following:

1. remove your Incomplete eManifests and Complete eManifests;
2. restrict or prohibit your access to the eManifest Website;
3. restrict the number of eManifests you may create and store on the eManifest Website;
4. restrict your use of any feature or function of the eManifest Website;
5. suspend or terminate your Account; and
6. take any other legal action necessary to enforce LIS’s rights.

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18. Proprietary Rights

18.1. You acknowledge and agree that LIS (or LIS's licensors) own all legal right, title and interest in and to the eManifest Website, including any Intellectual Property Rights which subsist in the eManifest Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

18.2. With respect all of the eManifest Information collected by LIS as a result of your use of the eManifest Website, you hereby grant to LIS a non-exclusive, worldwide, perpetual, irrevocable, unlimited, royalty-free, sub-licensable and transferable right and license to:

1. exercise the copyright, trademark, patent, publicity, database, and all other Intellectual Property Rights in the eManifest Information; and
2. host, cache, route, transmit, store, copy, modify, reproduce, distribute, publish, translate, use, publicly perform, publicly display, reformat, excerpt, analyze, and create derivative works from the eManifest Information,

in any media known now or in the future, including the eManifest Website, or in any application or other property owned, operated or provided by LIS.

18.3. LIS may elect to not display eManifest Information (or any portion thereof), in its sole discretion. Additionally, LIS reserves the right to remove any eManifest Information from any media on which it is displayed at any time.

18.4. LIS reserves the rights to manage, use, and publish the eManifest Information for statistical or scholarly study or research purposes. In doing so, LIS will ensure that your identity and that of your Contacts cannot be associated with or linked to any individual or aggregate eManifest Information. LIS further reserves the right to grant other parties’ access to the eManifest Information for the same purposes and on the same condition.

18.5. LIS owns all eManifest Information and any general benchmark and reporting statistics, indices and reports derived from the eManifest Information, which may include, without limitation, all details in respect of any Livestock but shall not include your identity as a User or the identity of any Contact you enter into the eManifest Website. LIS may disclose this information, including any general Livestock information, benchmark and reporting statistics, indices and reports in any fashion to you and any other person, as LIS deems appropriate.

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19. User Viewing Rights

19.1. While you are a User, you have a non-transferable, non-exclusive, revocable right, and only for your own commercial and business purposes, to electronically view, copy, download and print those portions of the eManifest Information and other information made available from time to time to you on the eManifest Website.

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20. Indemnification by You - Use of the eManifest Website

20.1. You agree to indemnify LIS and its members, directors, officers, employees, contractors, agents, representatives and assigns, and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from:

1. your use of the eManifest Website, including but not limited to the posting, submission or display of your information on the eManifest Website or creating eManifests;
2. your breach of the Terms and Conditions;
3. your use or attempted use of the eManifest Website in breach of the Terms and Conditions;
4. your breach of any representations and warranties made by you to LIS; and
5. any claims asserted by other Users or third parties relating to your use of the eManifest Website.

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21. Exclusion of Warranties by LIS - Use of eManifest Website

21.1. You expressly understand and agree that your use of the eManifest Website is at your sole risk and that the eManifest Website is provided "as is", "as available" and “with all faults”.

21.2. No advice or information, whether oral or written, you obtain from LIS or from the eManifest Website shall create any warranty not expressly stated in the Terms and Conditions.

21.3. In particular, LIS does not represent or warrant that:

1. your use of the eManifest Website will meet your requirements;
2. your use of the eManifest Website will be uninterrupted, timely, secure or free from error or continuous;
3. any information obtained by you as a result of your access to the eManifest Website or use of the eManifest Website will be accurate, truthful, complete or reliable; or
4. defects in the operation or functionality of the eManifest Website will be corrected.

21.4. LIS further expressly disclaims all warranties and conditions of any kind, whether express, implied or statutory, including, but not limited to any and all implied warranties of title, condition, quality, performance, accuracy, timeliness, completeness, reliability, results of use, merchantability, fitness for a particular purpose and non-infringement of third party rights or those arising by law, statute, usage of trade or course of dealing. All such warranties, representation, conditions and undertakings are hereby excluded.

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22. Exclusion of LIS’s Liability - Use of eManifest Website

22.1. You expressly understand and agree that LIS shall not be liable to you, whether in contract, tort or under any other legal theory, for any direct, indirect, incidental, special, consequential, punitive, exemplary or statutory damages, which may be incurred by you, howsoever caused, including but not limited to:

1. any material downloaded or otherwise obtained through the use of the eManifest Website;
2. damage to your computer system or other device or loss of data resulting from the download of any such material from the eManifest Website;
3. consequences resulting from your own judgement and decision to use the eManifest Website;
4. any act or omission of any third party, including but not limited to any provider of telecommunication services, Internet access or computer system or software or any payment system or for any circumstances within or beyond LIS’s control;
5. your use of the eManifest Website or your inability to use the eManifest Website;
6. viruses or other malicious software obtained by accessing the eManifest Website;
7. glitches, bugs, errors or inaccuracies of any kind on or in the eManifest Website;
8. unauthorized access by Users or third parties to your personal or confidential information;
9. any matters relating to the eManifest Website howsoever caused including negligence of LIS, it members, directors, officers, employees, contractors or agents;
10. enforcement action taken with respect to your use of the eManifest Website;
11. the duration or manner in which your eManifests are displayed on the eManifest Website;
12. your need to modify practices or your loss of or inability to create eManifests as a result of changes to the eManifest Website;
13. any reliance placed by you on the completeness, accuracy or existence of any information provided on the eManifest Website;
14. delays or disruptions on the eManifest Website, any changes which LIS may make to the eManifest Website, or for any permanent or temporary cessation in access to the eManifest Website (or any features within the eManifest Website);
15. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the eManifest Website;
16. your failure to provide the eManifest Website with accurate information;
17. your failure or the failure of any User to keep your or their passwords or account details secure and confidential;
18. any loss resulting from any delays, inaccuracies, errors or omissions in any information or in the transmission thereof;
19. any loss incurred as a result of the non-performance, interruption or termination for any reason whatsoever of the eManifest Website; or
20. the consequences of any errors or omissions.

22.2. The limitation of liability set out in paragraph 22.1 shall include, but not be limited to, any loss of profits or revenue (whether incurred directly or indirectly), any loss of goodwill, business reputation or business opportunities, any loss of data suffered, or other intangible loss whether in contract, tort, negligence, equity or otherwise.

22.3. The limitations on LIS's liability to you shall apply even if LIS has been advised of or should have been aware of the possibility of any such losses arising.

22.4. Should the exclusion of liability not apply to you, the aggregate liability of LIS and its members, directors, officers, employees, contractors and agents, with respect to each User for all claims arising from the use of the eManifest Website during any calendar year, shall be limited to $100.00 CDN.

22.5. Paragraph 22.4 above shall not preclude the requirement that you prove damages.

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23. Other Content

23.1. The eManifest Website may include hyperlinks to other websites or content or resources. LIS may have no control over any websites or resources that are provided by companies or persons other than LIS.

23.2. You acknowledge and agree that LIS is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

23.3. You agree and acknowledge that the eManifest Website may use session cookies, log IP addresses and utilize technical analytic services, which use cookies. Personal information is not linked to your IP addresses or cookies.

23.4. You acknowledge and agree that LIS is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

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24. Entire Terms and Conditions, Severance and Headings

24.1. The Terms and Conditions, together with any information posted on the eManifest Website constitutes the entire (whole legal) agreement between you and LIS with respect to your use of the eManifest Website.

24.2. You agree that if LIS does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions (or which LIS has the benefit of under any applicable law), that will not be taken to be a formal waiver of LIS's rights and that those rights or remedies will still be available to LIS with respect to subsequent or similar breaches.

24.3. If any arbitrator or court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms and Conditions is invalid or unenforceable, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.

24.4. Headings are included in the Terms and Conditions for convenience only and shall not affect the construction or interpretation of the Terms and Conditions.

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25. Notices

25.1. All notices or demands to or upon LIS with respect of a dispute with LIS shall be made as prescribed on the eManifest Website.

25.2. All notices or demands to or upon you shall be effective if e-mailed to the e-mail address you provided in creating your Account.

25.3. You agree that all agreements, notices, demands, disclosures and other communications that LIS sends to you electronically satisfy the legal requirements that such communication should be in writing.

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26. Governing Law

26.1. The laws of the Province of Alberta and the laws of Canada in force in Alberta govern the interpretation of these Terms and Conditions, your relationship with LIS, claims for their breach and all other claims, regardless of conflict of laws principles. You and LIS irrevocably consent to the exclusive jurisdiction of the Courts in the Province of Alberta for all disputes arising out of or relating to these Terms and Conditions or your use of the eManifest Website.

26.2. You agree that LIS may apply for injunctive relief in your jurisdiction or may bring an action against you in your jurisdiction to collect any money or damages owing by you for breach of the Terms and Conditions.

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