1. Acceptance of Terms
These Terms of Service and End User License Agreement (“Terms”) govern use of borderlean.com and any related software, client portal, or technology functionality offered by Borderlean LLC (“Borderlean,” “we,” or “us”) (collectively, the “Platform”). By using the Platform, you agree to these Terms. If acting for an organization, you represent that you are authorized to do so.
Some functionality is planned and not currently available. These Terms do not independently create a paid consulting engagement.
2. Relationship to Client Agreements
Professional engagements may be governed by separately executed Master Services Agreements (MSAs), Statements of Work (SOWs), work orders, or other written agreements. If these Terms conflict with an executed agreement, that agreement controls as to its subject matter, including fees, confidentiality, intellectual property, liability, and dispute resolution.
Accessing the Platform does not establish a customs broker-client relationship, grant a power of attorney, or authorize Borderlean to transact customs business.
3. Description of the Platform
Subject to availability and any applicable engagement agreement, the Platform may support customs and trade compliance advisory services, tariff classification, country-of-origin and customs valuation analysis, parts databases, classification requests, review workflows, compliance reporting, electronic agreements, invoicing for Borderlean’s services, and technology-assisted analysis.
Commercial invoice generation, customs entry preparation or filing, and other customs brokerage functionality are not offered through the Platform at this stage. Services requiring regulatory authorization will be offered only when Borderlean holds the applicable authorizations.
4. Eligibility and Accounts
The Platform is intended for business and professional users aged 18 or older. Restricted features may require authorization and an account. Users must provide accurate information, protect credentials, and promptly report suspected unauthorized access. Borderlean may suspend access when reasonably necessary for security, compliance, or violations of these Terms.
5. Limited License and Acceptable Use
When access is granted, Borderlean provides a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to use the Platform for authorized internal business purposes, subject to applicable agreements.
Users may not unlawfully copy, redistribute, reverse engineer, sublicense, exploit, interfere with, or circumvent the security of the Platform; access other clients’ data without permission; introduce malicious software; or extract substantial Platform content through unauthorized automated means, except where prohibited restrictions are unenforceable under applicable law.
6. Intellectual Property
Borderlean or its licensors retain ownership of the Platform, software, source code, architecture, designs, templates, workflows, analytical methods, and independently developed tools, subject to executed client agreements. Clients retain their rights in underlying business information and submitted materials. Rights in specific consulting deliverables are governed by the relevant executed agreement. No trademark license is granted.
7. Client Data
Users may provide product, commercial, and other business information for authorized advisory or technology workflows (“Client Data”). As between Borderlean and the client, the client retains its rights in Client Data and authorizes Borderlean to process it as reasonably needed to provide agreed services, maintain security, and meet legal or contractual obligations. Users must have authority to submit the information.
8. Trade Information and Professional Review
Platform information may draw on user-provided information, public government sources, third-party materials, or automated analysis. Unless expressly provided under a separate professional engagement, general Platform output is informational and does not constitute a binding customs ruling, legal opinion, or final determination. Users remain responsible for reviewing information and meeting their own compliance obligations.
Borderlean’s individual professional credentials do not, by themselves, establish that Borderlean LLC is authorized to transact customs business. No customs brokerage services are offered through this Platform unless and until the applicable company authorizations are obtained.
9. AI and Automated Tools
Automated and AI-assisted outputs may contain errors and require verification. Use of confidential Client Data in third-party systems is subject to contractual restrictions, authorization, and applicable provider policies. These Terms do not authorize unrestricted disclosure or commercial exploitation of confidential Client Data.
10. Third-Party Services and Government Sources
Borderlean may use Google, Intuit QuickBooks, DocuSign, and other third-party providers for authorized communications, billing, signatures, and business operations. QuickBooks is intended for Borderlean’s own invoicing; clients do not need to connect their accounting accounts. Borderlean may also consult public information from the USITC, CBP, and other authorities. Third-party systems have separate terms and may change or become unavailable. Government sources do not endorse Borderlean.
11. Fees and Payments
Public website access does not create a fee obligation. Consulting fees, subscriptions, implementation fees, invoicing schedules, and payment terms are governed by the relevant executed agreement or other written authorization. These Terms do not modify negotiated client payment terms.
12. Confidentiality and Security
Users must not access or disclose another client’s confidential information without authorization. Borderlean seeks to maintain safeguards appropriate to the Services, but no online system is completely secure. Specific confidentiality, security, incident-response, and retention obligations in executed agreements remain controlling.
13. Availability and Changes
Features may be introduced, updated, suspended, or discontinued. Maintenance, technical issues, and third-party dependencies may affect availability. Unless separately agreed, Borderlean does not guarantee uninterrupted access or a particular service level.
14. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PUBLIC WEBSITE AND GENERAL PLATFORM FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. These disclaimers do not displace express obligations in executed client agreements or rights that cannot lawfully be excluded.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BORDERLEAN WILL NOT BE LIABLE UNDER THESE TERMS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING SOLELY FROM USE OF THE PUBLIC WEBSITE OR GENERAL PLATFORM FUNCTIONALITY.
For claims arising solely under these Terms and not governed by an executed agreement, Borderlean’s aggregate liability will not exceed the greater of (a) amounts paid directly to Borderlean for the affected Platform functionality during the preceding 12 months or (b) US$100. This cap does not override an executed client agreement or apply where liability cannot lawfully be limited.
16. Suspension and Termination
Users may stop using the public website at any time. Borderlean may suspend or terminate Platform access for material violations, security concerns, or legal requirements. Termination of access does not automatically terminate an executed consulting agreement. Data handling after termination remains subject to applicable agreements, law, and the Privacy Policy.
17. Governing Law and Disputes
Unless an executed agreement provides otherwise, these Terms are governed by Texas law, without regard to conflict-of-law rules. Subject to applicable law, disputes arising solely under these Terms will be brought in courts with jurisdiction in Travis County, Texas. Executed client agreements control their own governing-law and dispute provisions.
18. Updates to These Terms
We may revise these Terms as the Platform and legal requirements evolve. Updated Terms will be posted with a revised effective date, with additional notice or acceptance when legally required. Changes do not retroactively amend executed agreements.
19. Severability and Entire Agreement
If a provision is unenforceable, the remaining provisions remain effective to the extent permitted by law. These Terms and applicable supplemental website terms govern general Platform use, subject to the priority of separately executed client agreements described above.
20. Contact
Borderlean LLC
Austin, Texas, United States
info@borderlean.com
borderlean.com