Eastcap Trade Intelligence ("Eastcap," "we," "us") provides automated data processing, public government record indexing, and vendor intelligence screening tools. Eastcap is not a licensed customhouse broker under 19 U.S.C. § 1641 or 19 C.F.R. Part 111, does not transact "customs business," and does not provide legal, customs classification, entry preparation, or binding trade compliance counsel. All reports, risk scores, and dossiers are provided exclusively for preliminary research and vendor vetting purposes.
Under 19 U.S.C. § 1484 (the Customs Modernization Act), the Importer of Record ("IOR") retains exclusive, non-delegable legal responsibility to exercise "reasonable care" in determining product admissibility, classification under the Harmonized Tariff Schedule (HTS), valuation, and regulatory compliance with partner government agencies (including FDA, EPA, and USDA). Eastcap outputs do not satisfy, alter, or replace the IOR's statutory duties. Users must independently verify foreign facility registrations, medical device listings, premarket clearances (e.g., 510(k), PMA), and Import Alert Red Lists directly with qualified licensed customs brokers or international trade attorneys prior to shipping goods or issuing entries.
ALL INTELLIGENCE REPORTS, DATA COMPILATIONS, AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. Eastcap aggregates historical government records from public registries (such as FDA OASIS, Import Refusal Reports, and DWPE Red Lists). Eastcap does not warrant that government records are current, complete, or free from administrative error, nor does it guarantee that an audited entity will not face future port detentions, Section 801(a) refusals, or enforcement actions.
IN NO EVENT SHALL EASTCAP, ITS PRINCIPALS, MEMBERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER—INCLUDING BUT NOT LIMITED TO CARRIER CONTAINER DEMURRAGE, DETENTION FEES, PIER STORAGE ACCRUALS, INVENTORY SPOILAGE, CUSTOMS SEIZURES, FINES, STATUTORY LIQUIDATED DAMAGES, LOST PROFITS, OR BUSINESS INTERRUPTION—ARISING FROM THE USE OF, OR INABILITY TO USE, ANY DATA OR DOSSIER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EASTCAP'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO ANY AUDIT, SERVICE, OR REPORT SHALL BE STRICTLY LIMITED TO THE FEES ACTUALLY PAID BY THE CLIENT FOR THAT SPECIFIC DOSSIER, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS LESS.
Client agrees to defend, indemnify, and hold harmless Eastcap and its principals from and against any third-party claims, liabilities, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or related to Client's commercial use or downstream distribution of Eastcap reports.
The names of third-party commercial entities, manufacturers, and trademarks displayed in sample dossiers (e.g., "Janytree Inc., Shenzhen Biolight Electronics, Vinh Wellness Extracts Ltd.") are utilized strictly for illustrative and descriptive reference purposes. Eastcap is an independent commercial intelligence tool and is not affiliated with, sponsored by, or endorsed by the U.S. Food and Drug Administration (FDA), U.S. Customs and Border Protection (CBP), or the U.S. Department of Health and Human Services (HHS).
These terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict-of-law principles. Prior to initiating any formal dispute resolution, parties agree to make a good-faith attempt to resolve any controversy through direct written negotiation for thirty (30) days. Any unresolved controversy or claim shall be settled exclusively through binding arbitration conducted in Clark County, Washington.