Terms of Service

Last Updated: March 14, 2022

Ukraine TrustChain (“Ukraine TrustChain”, “we”, “us”, or “our”) and/or its service providers operate and maintain the website, https://www.ukrainetrustchain.org/, the mobile and touch versions, and any sites that reference these Terms of Service (collectively, the “Site”). Ukraine TrustChain and/or its service providers provide the information, content, services, and related features available through the Site (collectively, the “Services”) to you, subject to these Terms of Service (these “Terms”). These Terms establish the terms, conditions, rights, and responsibilities applicable to your access to and use of the Site and Services.

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 13 BELOW (“ARBITRATION AND DISPUTE RESOLUTION AGREEMENT”), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE SITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, BY SUBMITTING A DONATION THROUGH THE SITE), YOU ARE AGREEING TO COMPLY WITH THESE TERMS.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE OR SERVICES.

1. CHANGES TO THE SITE AND THESE TERMS

We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site and/or Services.  We reserve the right at any time to modify or discontinue the Site or Services (or any part thereof) without notice. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.  

In addition, we may change these Terms at any time, and all such changes will be effective immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to the email address that we have on file for you (if any) or posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site and Services constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. 

2. PRIVACY POLICY

Information that you provide to us or that we collect about you through your access to and use of the Site or Services is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.

3. AGE REQUIREMENTS

No one under the age of 18 may access or use the Site or Services unless supervised by a parent or legal guardian who is bound by these Terms.  By accessing or using, or attempting to access or use, the Site or Services, you represent that you are at least 18 years of age and that you are able to enter into legally binding contracts, including, without limitation, these Terms (or, if you are under 18 years of age, that your parent or legal guardian has reviewed and agrees to be bound by these Terms on your behalf).

4. CONTENT AND INTELLECTUAL PROPERTY

  1. The content and other materials displayed or made available on or through the Site and Services, including, without limitation, text, information, data, content, articles, photos, images, graphics, and illustrations (collectively, “Content”), are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site and Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content, or (ii) in a way that violates our or anyone else’s rights.

  2. You understand and agree that we and/or our respective licensors own all right, title, and interest in and to the Site, Services, and Content. You acknowledge and agree that the Content may constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site, Services, or Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks, service marks, trade dress, and trade secrets, and all such rights are the property of Ukraine TrustChain and/or our respective licensors and Content-providers.

  3. By submitting suggestions or other feedback regarding the Site or Services, you agree that we and our licensors may use and share (with no obligation to do so) such feedback for any purpose without compensation to you. You agree to only provide content or information that does not violate the law nor anyone’s rights (including, without limitation, intellectual property rights).

5. USER CONDUCT

You may access and use the Site only in connection with your use of the Services and Content as permitted herein and only for your personal use.  Any other access to or use of the Site constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.  

In accessing and using the Site, Services, or any Content, you agree that you will comply with all applicable federal, state, and local laws, including, without limitation, copyright and other intellectual property laws, data privacy laws, tax laws, and other regulatory requirements. 

In addition, in accessing and using the Site, Services, and any Content, you agree that you will NOT:

  • Circumvent, disable, or otherwise interfere with any security-related features of the Site or Services, including, without limitation, any features that enforce limitations on the use of the Site, Services, or any Content;

  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site, Services, or Content;

  • Copy, modify, adapt, translate, or create derivative works based on the Site, Services, or Content;

  • Remove, alter, cover, or distort any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Site, Services, or any Content;

  • Access, use, or copy any portion of the Site, Services, or Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms;

  • Use the Site or Services to store or transmit viruses, worms, time bombs, Trojan horses, or other malicious code, or any unsolicited messages, “spam” or any other content or material in violation of applicable law;

  • Attempt to interfere with the proper working of the Site or Services or otherwise impair, overburden, or disable the same; or

  • Otherwise engage in any conduct that restricts or inhibits any other user or third party from using or enjoying the Site or Services.

6. DONATIONS; TAXES

  1. The Site may enable you to submit donations toward humanitarian aid and evacuation supplies and efforts (“Donations”). To submit a Donation, you may be required to provide certain information about yourself, including your first and last name, billing address, email address, phone number, and credit card or other payment information. You must provide current, complete, and accurate contact and payment information for all Donations submitted through the Site.

  2. By submitting an Order on the Site, you expressly authorize Ukraine TrustChain, or a third-party payment processor on our behalf, to charge the method of payment that you have provided and to collect the full amount specified for the Donation you make. The processing of your payments will be subject to the terms, conditions, and privacy policies of our third-party payment processor. You agree that we will not be responsible for any failures of the third-party payment processor to adequately protect your payment information. You acknowledge that we may change the third-party payment processor at any time, with or without notice to you, and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security.

  3. You acknowledge that Ukraine TrustChain is an Illinois not-for-profit corporation and either has obtained, or is in the process of applying to the Internal Revenue Service for, tax exemption under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. We do not provide any tax or legal advice, and we encourage you to consult a tax advisor on the deductibility of your Donation.

7. TERMINATION OF ACCESS

  1. We may, in our sole discretion, and without liability or notice to you, immediately suspend, limit, and/or terminate your access to the Site and/or Services for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (ii) at the request of law enforcement, government agencies, or courts; (iii) if we discontinue or materially modify the Site or Services (or any part thereof); or (iv) if we believe in our sole discretion that your use or access to the Site or Services may create risk (including, but not limited to, legal risk) for us or our service providers or contractual partners, or other users. Upon any termination, you will lose the right to access and use the Site and Services.

  2. Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site and/or Services, shall survive, including, but not limited to, the “Content and Intellectual Property”, “Indemnification”, “Disclaimers”, “Limitation of Liability”, “Arbitration and Dispute Resolution Agreement”, and “Miscellaneous” sections of these Terms.

8. THIRD-PARTY CONTENT

The Site and Services may be made available or accessed in connection with third-party content and services that we do not control. We will not be responsible or liable for your use of any such third-party content or services or for the conduct of, or interactions you may have with, any third-party provider of the same. You acknowledge that different terms of use and privacy policies may apply to your use of third-party content and services. 

9. SECURITY AND NETWORK ACCESS

Ukraine TrustChain takes such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for acquiring and updating compatible hardware, software, or devices necessary to access and use the Site and Services and any updates thereto. We do not guarantee that the Site or Services, or any portion thereof, will function on or with any particular hardware, software, or device. The Site and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Ukraine TrustChain and its officers, directors, employees, contractors, agents, successors, and assigns (collectively, the “Ukraine TrustChain Parties”) from and against any and all claims, suits, demands, losses, liabilities, damages, costs, and expenses (including attorneys' fees and costs) (collectively, “Claims”) arising out of or relating to: (i) your use of the Site, Services, or Content; (ii) your breach or violation of any of these Terms; or (iii) your violation of any applicable law or regulation, including, but not limited to, applicable tax laws or regulations.

11. DISCLAIMERS

  1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE UKRAINE TRUSTCHAIN PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY: (I) WARRANTIES THAT THE SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE, SERVICES, OR CONTENT; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES THAT YOUR USE OF THE SITE, SERVICES, AND/OR ANY CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (V) WARRANTIES THAT THE SITE, SERVICES, OR CONTENT WILL BE ERROR-FREE OR THAT ERRORS IN THE SITE, SERVICES, OR CONTENT WILL BE CORRECTED.

  2. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DISCONTINUATION OF USE OF THE SITE AND SERVICES IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE SITE, SERVICES, OR CONTENT.

12. LIMITATION OF LIABILITY

  1. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE UKRAINE TRUSTCHAIN PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, DATA LOSS, INCONVENIENCE, OR OTHER INTANGIBLE LOSSES (EVEN IF THE UKRAINE TRUSTCHAIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE, SERVICES, OR CONTENT UNDER ANY THEORY OF LIABILITY. YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, SERVICES, AND CONTENT, SHALL IN ALL EVENTS BE LIMITED TO ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW.

  2. We may use third parties to provide certain services and features accessible through the Site and Services. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR THEIR ACTS OR OMISSIONS.

13. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT

PLEASE READ THIS SECTION 13 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    1. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site or Services (collectively, "Disputes") will be resolved exclusively by final, binding arbitration between you and Ukraine TrustChain , except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or where a party’s conduct may cause the other irreparable injury. The provisions of this Section 13 constitute the parties’ written agreement to arbitrate Disputes under the Federal Arbitration Act.

    2. The arbitration shall be administered by the Judicial Arbitration & Mediation Services (“JAMS”) and shall be heard by a single arbitrator, pursuant to the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this Section 13.

    3. To begin an arbitration proceeding, a party must submit the Dispute by making a demand for arbitration, as detailed at https://www.jamsadr.com/, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. The arbitration will be conducted based upon written submissions, unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in Cook County, Illinois, unless the arbitrator determines, or Ukraine TrustChain agrees, that the matter should proceed in the county where you reside.

    4. The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the JAMS Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. You and Ukraine TrustChain also agree that the arbitrator may not award multiple or punitive damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

    5. EACH PARTY AGREES THAT IT SHALL BRING ANY DISPUTE AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.

14. MISCELLANEOUS

  1. These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site, Services, and Content.

  2. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

  3. These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois. If for any reason a Dispute proceeds in court, you and Ukraine TrustChain: (i) agree that any such Dispute may only be instituted in a state or federal court located in Cook County, Illinois, and waive any defenses or objections based on the jurisdiction, venue, or convenience of this exclusive venue; (ii) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.

  4. We may assign our rights and obligations under these Terms, in whole or in part, at any time to any third party without notice. You may not assign these Terms or any rights or obligations hereunder without our prior written consent.

  5. Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

  6. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will not be affected, and the invalid, illegal, or unenforceable provision will be replaced by such valid, legal, and enforceable provision as comes closest to the intention underlying the invalid, illegal, or enforceable provision.

  7. Possible evidence of use of the Site or Services for illegal purposes will be provided to law enforcement authorities.

  8. Discontinuation of use of the Site and Services is your sole right and remedy for any dissatisfaction with the Site, Services, or Content.

15. QUESTIONS

Please contact us with any questions regarding the Site, Services, or these Terms at [contact@ukrainetrustchain.org] or:

Ukraine TrustChain  

[600A South Blvd.

Evanston, IL 60202]