TERMS OF SERVICE

1. SERVICE DESCRIPTION

BorderGuard provides carrier due diligence DOCUMENTATION services only. We aggregate publicly available data from government sources (FMCSA, SAFER, and related databases) into timestamped records.

BorderGuard is NOT:

• A legal service or law firm
• An insurance product
• A guarantee of carrier quality or safety
• A substitute for your own due diligence process
• A legal defense or liability shield

2. NO LEGAL ADVICE OR PROTECTION

BORDERGUARD DOES NOT PROVIDE LEGAL ADVICE, LEGAL PROTECTION, OR ANY FORM OF LIABILITY SHIELD.

Our records document what government databases showed at a specific moment in time. Creating a record does NOT:

• Protect you from lawsuits
• Establish a legal defense
• Guarantee regulatory compliance
• Prove "reasonable care" in any legal proceeding
• Replace advice from a licensed attorney

You should consult with a qualified attorney regarding your legal obligations and exposure.

3. DATA ACCURACY DISCLAIMER

BorderGuard aggregates data from third-party government sources. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THIS DATA.

Government databases may contain errors, omissions, or outdated information. Data may change between the time we retrieve it and the time you view it.

YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY INFORMATION BEFORE MAKING BUSINESS DECISIONS.

4. ASSUMPTION OF RISK

By using BorderGuard, you acknowledge and accept that:

• Freight brokerage involves inherent risks
• No documentation system can eliminate these risks
• Carrier status can change at any time
• Past compliance does not guarantee future performance
• You are solely responsible for your carrier selection decisions

5. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BORDERGUARD, ITS OWNER, OPERATORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cargo claims, theft, damage, or loss
• Regulatory fines or penalties
• Legal fees or costs
• Any claims arising from your use of or reliance on BorderGuard data

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO BORDERGUARD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BorderGuard, its owner, operators, employees, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the service
• Your violation of these terms
• Your violation of any law or regulation
• Your freight brokerage activities
• Any claim that your use of BorderGuard data caused harm to a third party

7. DISPUTE RESOLUTION AND ARBITRATION

Any dispute arising from these terms or your use of BorderGuard shall be resolved through BINDING ARBITRATION administered by the ADR Institute of Canada under its Arbitration Rules.

• Arbitration shall occur in Ontario, Canada or remotely
• The arbitrator's decision shall be final and binding
• Judgment may be entered in any court of competent jurisdiction

YOU WAIVE ANY RIGHT TO A JURY TRIAL.

8. CLASS ACTION WAIVER

YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

9. NO WARRANTIES

BORDERGUARD IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

10. SERVICE MODIFICATIONS

We reserve the right to modify, suspend, or discontinue BorderGuard at any time without notice or liability.

11. TERMINATION

We may terminate your access at any time for any reason. Upon termination, your right to use the service ceases immediately.

12. GOVERNING LAW

These terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

13. SEVERABILITY

If any provision is found unenforceable, the remaining provisions continue in effect.

14. ENTIRE AGREEMENT

These terms constitute the entire agreement between you and BorderGuard regarding the service.

15. CONTACT

Questions: founder@getborderguard.com