The following Terms of Use apply to your use of the Borealis LX, LLC website (https://www.borealislx.com). You are solely responsible for your conduct and your content on the website and compliance with these terms. By using or browsing this website, you acknowledge that you have read, understood, and agree to be bound by these terms.

This website is provided subject to these Terms and Conditions of Use, as they may be amended by us, and any guidelines, rules or operating policies that we may post on this website, including, without limitation, our Privacy Policy. We may amend these Terms and Conditions from time-to-time due to changes to our products or policies due to legislative amendments, or for any other commercially reasonable reason. Any amendment will only become effective upon notification to you (by email or by posting on our website) and, if you do not want to agree to any such amendment, you should stop using the website.

We reserve the right to send messages to you to inform you of:

• changes or additions to this website;
• changes to these Terms of Use
• violations of these Terms of Use or cancellation, suspension, termination or other action respecting your privilege to access and use this website; or
• any other matter related to this website or these Terms of Use.

Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in these Terms of Use.

The Borealis LX, LLC website may not be used to send spam, unsolicited marketing communications, or other unlawful electronic messages. Any communication sent through or in connection with this website must comply with applicable United States laws governing commercial email, advertising, consumer protection, privacy, and electronic communications.

You agree to represent yourself and/or your organization accurately and not impersonate any other person or entity. You further agree not to send marketing or promotional messages to any person who has opted out, unsubscribed, or otherwise objected to receiving such communications.

We may suspend or terminate your access to or use of the Borealis LX website if we determine, in our sole discretion, that your use of the website has resulted in spam complaints, abuse reports, unlawful messaging activity, or other complaints that exceed acceptable industry standards. Any such determination shall be final and binding under these Terms and Conditions.

If you believe any materials accessible on or from this website infringe upon your copyright, trademark, or other intellectual property rights, you may request removal of those materials by contacting Borealis LX at [email protected].

We prohibit the use of this website by any person or organization that:

• Displays or markets material that exploits children under 18 years of age;
• Posts or discloses any personally identifying information or private information about anyone without his or her consent, including children under 18 years of age without their parents’ consent;
• In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
• In a manner that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Provides or posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or that provides instruction, information or assistance in causing or carrying out such violence;
• Introduces viruses, worms, Trojan horses, spyware or other harmful code;
• To engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms and Conditions, any applicable laws, regulations or generally accepted advertising industry guidelines;
• In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• In a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
• In a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
• To impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this website without authorization;
• To interfere or attempt to interfere with the proper working of this website or prevent others from using this website, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this website, or that otherwise negatively affects other persons’ ability to use this website;
• To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this website or the content contained therein;
• In a manner that includes personal or identifying information about another person without that person’s explicit consent;
• In a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this website or to users; and
• In a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.

• “Stalk” or otherwise harass anyone;
• Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this website or to proxy authentication credentials for any member of this website for automating logins to this website;
• Post any content that constitutes pornography, contains nudity or is adult in nature.
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this website – except for Internet search engines (e.g. Google)
• Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the website’s infrastructure;
• Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this website;
• Use this website as a generic file hosting service;
• Take any action that may undermine the feedback or rating systems (such as displaying, importing or exporting feedback information from this website or for using it for purposes unrelated to this website); and
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this website.

You hereby agree to defend, indemnify and hold harmless us and our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses in connection with any claim or action that (i) arises from any actual or alleged breach by you of these Terms and Conditions; or (ii) arises from the content you post, promotions you offer, or products or services you sell (including, without limitation, claims relating to defective products or services or unclaimed property).

In addition, you acknowledge and agree that we have the right to seek damages when you use the website for unlawful purposes, in an unlawful manner, or in a manner inconsistent with these Terms of Use, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the website, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.

You expressly agree that the Borealis LX, LLC website is provided on an “as is” and “as available” basis. Use of the Borealis LX, LLC website and any reliance by you upon it is at your sole risk. We do not warrant that the use of this website will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from its use. You are solely responsible for your use of the Borealis LX, LLC website in compliance with the aforementioned Terms of Use, and we have no liability of any nature for your compliance and/or breach of same. We do not endorse and are not responsible for the accuracy or reliability of any information or statement made by any members or users of the site or for any content included in external links provided by members or users of the site. Borealis LX, LLC does not guarantee successful matching of members and users nor does the website guarantee the quality of service that is delivered by any of its members advertising on the site. To the extent the law permits, you release us from any claims or liability related to any content posted on the Borealis LX, LLC website, and you agree to indemnify and hold harmless Borealis LX, LLC on all matters related to others using this website. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of the Terms and Conditions will otherwise remain in full force and effect and enforceable. We and you agree that this is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings. No delay or omission by either party in exercising any right or remedy under these Terms of Use or existing in law shall be considered a waiver of such right or remedy. If you have any questions about the rights and restrictions above, or would like to report any inaccuracies or errors, please contact us by email at [email protected].