Terms of Use

This section explains the privacy policy and terms of use, which includes terms applicable to the website and offered services.

Our commitment to your privacy

Livingston International, including its subsidiaries, divisions and related businesses, is committed to respecting the personal privacy of individuals who deal with us for business purposes or visit our various web sites.

Livingston International does not automatically collect any personal information from individuals, such as name, phone number, e-mail or other address, during their dealings with the company or while visiting our web sites. This information is obtained only if it is supplied voluntarily, by contacting us by e-mail, subscribing to a service or registering in a secure section of our web site.

All personal information provided to Livingston International, including its Canadian subsidiaries, divisions and related businesses, through its web sites or other means, is protected under Canada’s Personal Information Protection and Electronic Documents Act. This means that individuals will be informed at the time of collection that their personal information is being collected, the purpose for which it is being collected and that they have a right of access to that information.

All personal information provided to Livingston International’s U.S. subsidiaries, divisions and related businesses through Livingston’s web sites or other means, is protected under the laws of the jurisdiction of such U.S. subsidiary, division or related business. However, all personal information of Canadian individuals provided to Livingston International’s U.S. subsidiaries, divisions and related businesses, through Livingston’s web sites or other means, is protected under Canada’s Personal Information Protection and Electronic Documents Act.

Please click here to review Livingston International’s full privacy policy. Any questions concerning Livingston International’s privacy policy should be addressed to our chief privacy officer, who may be contacted toll-free at 1-800-387-7582, in the Toronto area at (416) 626-2800, or by e-mail at privacy@livingstonintl.com.

Our privacy policy and cookies policy are also available for review in Spanish: Privacy policy  |  Cookies policy

Terms of use

PART 1 – Terms applicable to the website and offered services

1. Application of the Terms of Use

These terms of use (the “Terms of Use”) apply to the use of this website (the “Website”) and any services offered (“Offered Services”) through this Website. Please read these Terms of Use carefully before using the Website as they contain important information that you should be aware of before using information contained with this Website and any Offer Services. In addition to these Terms of Use, certain Offered Services may have additional terms and conditions in relation to your use of such Offered Services. By accessing and browsing the website without using any offered services, you agree to Part 1 of these Terms of Use with Livingston International Inc. (“Livingston”). By accessing and using any offered services contained in this website, in addition to Part 1, you agree to Part 2 of these Terms of Use with Livingston. If you do not agree to all of these Terms of Use, please stop using the website immediately.

Livingston may revise and update these Terms of Use at anytime without notice. Please periodically review the Terms of Use posted at the Website. Your continued usage of the Website will mean acceptance of those changes. The Terms of Use apply only to your use of the Website and the Offered Services and do not apply to any other services or products that you may purchase from Livingston, its subsidiaries or affiliates or any third party.

2. No Solicitation

The information provided through this Website is intended solely for the general knowledge of visitors to the Website and does not constitute an offer or a solicitation of an offer for the purchase of sale of any units or other securities of Livingston or any member of the Livingston group of companies. The information on this Website is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to Livingston and should not be used for the purpose of making investment decisions concerning securities of Livingston.

3. Currency and Accuracy of Information

Although Livingston makes reasonable efforts to ensure that the information provided through this Website is current and accurate, Livingston makes no representations for warranties as to the accuracy, reliability, completeness or timelines of such information. Certain documents and other materials on this Website, including investor presentations, conference calls and documents filed by Livingston with the securities regulatory authorities of each Province of Canada and listed and/or linked to the Website, speak only as of the dates on which such documents and materials were filed or otherwise used by Livingston. The contents of such documents or materials may become out-of-date, however, Livingston makes no commitment and disclaims any duty to update those documents and materials, except as required by applicable law.

4. Hardware, Software and Internet Access

It is your responsibility to ensure that you have the appropriate hardware, software, and internet access services to access the Website and allow proper use of the Website and any Offered Services. If you have difficulty using the Website or the Offered Services, please notify Livingston. Neither Livingston, nor any of its subsidiaries or affiliates, shall be responsible for any of your costs associated with your use and/or access of the Website and any Offered Services.

5. Links to Third Party Sites

The Website contains links to third party sites. These links have been provided solely as a convenience for users of the Website and do not constitute an endorsement by Livingston or any of its subsidiaries or affiliates of the content of such third party sites. Links to the Website may also be provided from other sites either known or unknown to Livingston or any of its subsidiaries or affiliates. Access to any other website linked to or from the Website is at your own risk. Neither Livingston nor any of its subsidiaries or affiliates, has reviewed or is responsible for the content of any third party sites linked to or from the Website nor does it make any representations regarding the content or accuracy of materials on such third party sites.

6. Limited License, Copyright, Trademarks and Use

The Website and its contents are protected by copyright, trademark and other proprietary rights of Livingston, its subsidiaries or affiliates, or third parties. Except as expressly permitted in these Terms of Use, no portion of the Website or its contents, including trademarks, logos and service marks, may be reproduced in any form, or by any means, without prior written permission from Livingston, its subsidiaries or affiliates, or the applicable third party and nothing herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property, including patent, trademark or copyright of Livingston, its subsidiaries or affiliates, or any third party.

Livingston grants to you a limited, personal, non-transferable license to use and copy materials published by Livingston on the Website solely for non-commercial use within your organization in support of Livingston products or services. Such license is revocable by Livingston at any time and at Livingston’s sole option. No other use of the materials is authorized. In consideration of this limited license, you agree that any copy of Website materials which you make shall retain all copyright, trademark and other proprietary notices in the same form and manner as on the original and you must explicitly acknowledge Livingston as the provider of such content and the owner of such copyright or trademark.

You will use the Website, the Offered Services, and any other content or information found on the Website solely for lawful purposes. You shall not upload to, distribute to or otherwise disseminate through the Website any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of another person or entity, or contains a solicitation of funds, advertising or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Website. You will also be liable for any loss or damaged resulting, directly or indirectly from you making any material or information available through the Website. You acknowledge that your use of portions of the Website, including an Offered Service may require user identification and password. You must keep your user identification and password confidential. You will be responsible for any use of any Offer Services through the use of your user identification and password whether or not authorized to you.

7. Forward Looking Statements

Some of the information on this Website may contain projections or other forward-looking statements regarding future events or the future financial performance of Livingston. Livingston cautions that the statements are only predictions and by their nature, forward-looking statements involve risk and uncertainty. Livingston’s actual results may differ materially from those expressed or implied in such forward-looking statements or could affect the extent to which a particular projection is realized. The information contained on this Website should be read in conjunction with the more comprehensive information filed by Livingston with securities regulatory authorities, including risks and uncertainties relating to Livingston and forward-looking statements contained therein.

8. Termination

Livingston may terminate your use of the Website and the Offered Services or particular Offered Services, if you have used the Website and any Offered Services in any way that is contrary to law, these Terms of Use, or in any way that disrupts the Website or Offered Services.

9. Disclaimer and Exclusion of Warranty

You agree that your use of the website and any offered services (including downloading any materials from the website) is at your sole risk and your reliance on any information on the website by Livingston is on an “as is” and “as available” basis without any warranties of any kind whether express or implied. To the fullest extent possible pursuant to applicable law, Livingston disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for particular purpose, non-infringement or other violation of rights. The entire risk arising out of use, performance or non-performance of the website remains with you.

10. Exclusion and Limitation of Liability

In no event shall Livingston, its subsidiaries and affiliates and their respective directors, officers, employees, contractors, agents or suppliers (the “Livingston parties”) be liable to you or any third party for any direct, consequential, special, incidental, indirect or punitive loss or damage of any kind rising out of or in connection with the use of inability to use the website, any offered service and/or for any breach of the terms of use including but not limited to, loss of profits, loss of business or goodwill, loss of use, business interruption, personal injury, death, loss of data or any other pecuniary loss, even if such parties or any one of them have been advised of the possibility of such loss or damage or any claim by any third party. Without limiting the generality of the foregoing, if you are dissatisfied with any portion of the website, and any offered services available on or through the website, or with any of the Terms of Use, your sole and exclusive remedy is to discontinue using the website and the offered services.

11. Indemnification

You agree to indemnify and hold each of the Livingston Parties harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website, any Offered Services, or your breach of the Terms of Use.

12. Invalidity of Provisions

If any provision or provisions of the Terms of Use shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

13. Jurisdiction

Terms of Use shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding the conflict or choice of law provisions. You agree to comply with all applicable laws and regulations in your use of the Website and the Offered Services, including all applicable federal, provincial and local laws, and if you reside outside of Canada, the laws of the country where you reside. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Unless otherwise set out in Part 2 of these Terms of Use in respect of a particular Offered Service, any dispute arising out of the use of the Website or these Terms of Use shall be governed by the laws of the Province of Ontario, Canada. You agree to submit to the non-exclusive jurisdiction of the courts in the Province of Ontario, Canada.

14. Headings

The headings contained herein are for convenience of reference only and shall not form part of the Terms of Use. Such headings shall be ignored in the interpretation or construction of any of the Terms of Use.

15. Entire Agreement

The Terms of Use, which may be modified from time to time, including any documents referenced herein and any other applicable terms and conditions contained on the Website, constitute the entire agreement between Livingston and you pertaining to your use of the Website. Livingston’s failure to enforce any provision of the Terms of Use shall not be construed as a waiver of such provision. For clarity, an Offered Service may have additional terms and conditions pertaining to the use of such Offered Service, which additional terms may be found on that portion of the Website relating to such Offered Service or which may have been provided to you by other means.

16. Assignment

The Terms of Use shall bind and ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder.

17. English Language

The parties confirm that it is their wish that the Terms of Use and any other documents delivered or given pursuant to the Terms of Use, including notices, have been and shall be in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents afférents, y compris tout avis s’y rattachant, soient rédigés en anglais seulement.

18. Privacy Policy By using the Website, you agree to be bound by Livingston’s Privacy Policy. Please click to view the Privacy Policy.

PART 2 – Terms Applicable to Offered Services

19. Generally

In addition to the general conditions set out in these Terms of Use, this Section contains additional terms and conditions that relate to particular Offered Services. Livingston reserves the right to withdraw any of the following Offered Services at any time upon reasonable notice, which notice may be provided through this Website or in such other manner as Livingston determines appropriate in the circumstances.

Revision Date: January  1, 2015