Terms of Service

Last Updated: September 13, 2024

These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other  products and services, including email services, trainings, events, marketing services, review and  message boards and various other message communication applications (collectively, our “Services”)  provided by Ukrainian Roots Community / URC, LLC. (“Ukrainian Roots Community / URC”, “we”, or  “us”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the  Services, you agree to these Terms, and to use our Services in accordance with our Acceptable Use  Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, including  the mandatory arbitration provision and class action waiver in Section 19, do not access or use our  Services.  In addition to these Terms, we may ask you to accept additional terms that apply to specific features,  products or services. To the extent any additional terms conflict with these Terms, the additional terms  govern with respect to your access to or use of the applicable feature, product or service.  If you have any questions about these Terms or our Services, please contact us at [email protected].

1) Eligibility and Authority

You must be at least 18 years of age or older to access or use our Services. If you are accessing or using  our Services on behalf of another person or entity, you represent that you are authorized to accept these  Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you  or the other person or entity violates these Terms.

2) Accounts; Account Security; Electronic Communications

You will need to register for an account to access some or all of our Services. If you register for an  account, you must provide accurate account information and promptly update this information if it  changes. You also must maintain the security of your account, not share your account credentials, and  promptly notify us if you discover or suspect that someone has accessed your account without your  permission.  By creating an Ukrainian Roots Community / URC account, you consent to receive electronic  communications from Ukrainian Roots Community / URC (e.g., via email or by posting notices on our  Services). These communications may include notices about your account (e.g., payment authorizations,  password changes and other transactional information) and are part of your relationship with us. You  agree that any notices, agreements, disclosures or other communications that we send to you  electronically will satisfy any legal communication requirements, including, but not limited to, that such  communications be in writing.

3) Privacy

Please refer to our Privacy Policy (https://www.urclife.org/policy) for information about how we collect, use  and disclose information about you.

4) Our Services: License

Our Services may allow you and other users to create, post, store and share marketing, communications,  or other content, including, but not limited to, email, text or SMS messages, photos, videos, software and  other materials, and review or message boards (collectively, “Marketing Content”). Except for the license  you grant below, you retain all rights in and to your Marketing Content, as between you and Ukrainian  Roots Community / URC. You grant Ukrainian Roots Community / URC a nonexclusive, royalty-free,  worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute,  and display your Marketing Content to the recipients or audience designated by you or otherwise in  accordance with the settings you specify in the Services. As a part of the Services, we may view, copy,  and internally use Marketing Content to help us train and improve the Services, including their  functionality and effectiveness for you and your campaigns, as well as to assist us in detecting issues.  You may not to create, post, store or share any Marketing Content that violates these Terms, including our  Acceptable Use Policy (https://www.urclife.org/use-policy), or for which you do not have all the rights  necessary to grant us the license described above. When using the Services, you may import data,  including personally identifiable information, regarding your Contacts (as defined below) (“Contact Data”).  We view and use Contact Data only to provide Services to you, at your direction and, as part of the  Services, to train, detect issues with our Services, and to ensure their proper functioning. We do not  disclose Contact Data to third parties, except as follows:  We may share Contact Data with our third party service providers to provide our Services or administer  the site.
If any portion of Ukrainian Roots Community / URC is sold, Contact Data may be part of the business  assets we transfer. Contact Data also may be disclosed if Ukrainian Roots Community / URC is  considering or completes the financing, securitization, insuring, sale, assignment or other transfer of all or  part of the company.
We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial or  governmental subpoenas, warrants or orders.
We reserve the right to use, disclose and share your information and Contact Data to investigate, prevent  or take action with respect to any potential or actual fraud, illegal activities, circumstances which threaten  the physical safety of any person, violations of these Terms of Service or as otherwise required by law.  We may receive requests directly from individuals, including your Contacts, not to receive emails from our  Services. To comply with international data protection laws and to respect their requests, we place those  individuals on a communications exclusion list (“Global Exclusion List”) so that they may no longer receive  communications from our Services. If a requesting individual is a Contact in your database, we will use  commercially reasonable efforts to notify you of such request before placing that Contact on our list.

5) Prohibited Conduct

5.1) Prohibited Activities on the Services.
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a   tort, and you are solely responsible for your conduct while accessing or using our Services. When you   access or use our Services, you will not:   Engage in any harassing, threatening, intimidating, predatory or stalking conduct;   Impersonate any person or entity, including without limitation, any Ukrainian Roots Community / URC   official, employee, or falsely state or otherwise misrepresent your affiliation with such a person or entity;   Use or attempt to use another user’s account without authorization from that user and Ukrainian Roots   Community / URC;   Access the Services by any means other than through the standard industry-accepted or Ukrainian Roots   Community / URC-approved application program interfaces;   Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users   from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our   Services in any manner;   Delete or revise any material, including Marketing Content, posted by another person or entity;   Delete or modify any author attributions, legal notices or proprietary designations or labels that you   upload to any communication feature;   Register, subscribe, attempt to register or subscribe, unsubscribe or attempt to unsubscribe, any party for   any Ukrainian Roots Community / URC product or Service if you are not expressly authorized by such   party to do so;   Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or   circumvent measures employed to prevent or limit access to any part of our Services;   Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or   area of our Services that you are not authorized to access;   Develop or use any third-party applications that interact with our Services without our prior written   consent, including any scripts designed to scrape or extract data from our Services;   Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of   our Services;   Export or attempt to export certain data points, including but not limited to EGEO and ERJA data, that   cannot be exported from the Services; or   Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity   that violates these Terms.

5.2) Compliance with Laws
You represent and warrant that your access to and use of the Services will comply with all applicable   laws, rules and regulations, including but not limited to Export Control and Sanctions Laws (defined   below) and those that relate to privacy and data protection and to the sending of electronic   communications. You further represent and warrant that you have a lawful basis for processing and   sending Marketing Content and communications to your customers, business contacts or followers who   consent to receiving marketing messages from you or on your behalf (“Contacts”), whether through legally   appropriate consents or otherwise. You will not provide Ukrainian Roots Community / URC or upload to   the Services, or take any actions with respect to, any Marketing Content or Contact Data for which you do   not have a lawful basis for processing, permissions or consents in accordance with applicable data   protection laws. You (and not Ukrainian Roots Community / URC) are responsible for ensuring that you   meet all notice and consent obligations for sending communications to individuals in the jurisdictions   where they reside. For more information and tips, please see our Consent page . While our Services   allow you to manage and access consents and other Contact Data, you acknowledge and agree that you,   and not Ukrainian Roots Community / URC, have sole responsibility for maintaining all records relating   thereto. You are solely responsible for determining whether our Services are suitable for use in light of   any laws and regulations that govern your entity, industry, or relationship with your own Contacts,   including but not limited to consumer protection, privacy, advertising, intellectual property or other laws.   You may not use our Services for any unlawful or discriminatory activities, including acts prohibited by the   Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that   apply to commerce. You further represent and warrant that your use of the Services, including the   information that you upload to or make available through the Services will not cause Ukrainian Roots   Community / URC to violate any applicable laws, rules and regulations, including but not limited to those   that relate to privacy and data protection and to the sending of electronic communications. We may   suspend or restrict your access to or use of the Services if we suspect that your Marketing Content   includes spam or otherwise duplicative or unsolicited messages in violation of applicable laws.

5.3) Web Personalization Feature
If you are on a Professional or Enterprise subscription plan, you may access our Web Personalization   feature, which allows you to create personalized versions of your webpage (“Experiences”) for your   Contacts. Experiences are created by changing the text, image, link or button text (each, an “Element”)   displayed to your Contacts based on your segment conditions. The aggregate number of unique   Experiences that you may create, using a combination of different Elements and segments, is limited to   ten (10) times your Contact limit. Your failure to adhere to such limit may result in interruption, suspension   or termination of the Services.

5.4) Reporting Abuse
If you think anyone using the Services is violating any of these Terms, please notify us immediately

6) Terms of Sale

6.1) Subscriptions
When you sign up for our Services, you agree to a recurring subscription contract with Ukrainian Roots   Community / URC on a monthly, quarterly, annual, or other temporal basis that you select when signing   up for the Services. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY   ACKNOWLEDGE AND AGREE THAT (A) Ukrainian Roots Community / URC (OR OUR THIRD PARTY   PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY, QUARTERLY,   ANNUAL, OR OTHER BASIS AS APPLICABLE FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY   APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION   CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE   SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE   TERMS. For more information about pricing and subscription plans, please visit our Pricing page.

6.2) Cancellation.
You may cancel your subscription at any time by logging into your account and following the instructions   on your account dashboard for cancellation or by contacting us . Such cancellation notice must be sent by   the designated account owner or an authorized signatory. Inactivity does not constitute automatic   cancellation, so unless you cancel your account in accordance with this section, you will continue to be   charged for subscription to the Services. All cancellation requests will take effect at the end of   then-current subscription period in which the cancellation request is made, and you will be responsible for   all fees and any applicable taxes and other charges rendered up through the cancellation date.   In the event you cancel your subscription, please note that we may still send you promotional   communications about Ukrainian Roots Community / URC, unless you opt out of receiving those   communications by following the unsubscribe instructions provided therein.   If you are interested in cancelling your subscription, we may provide you with the option of pausing your   subscription for a certain period of time. During the pause period, your account will remain active in our   system, and we will retain the data, including Contact Data, associated with your account. The collection,   use and disclosure of such data will continue to be subject to our Privacy Policy.

6.3) One-Time Purchases
Some features of our Services, such as templates, may be offered as a standalone, non-subscription   product. We will charge your payment method at the time of such purchases as a one-time purchase.

6.4) Free Trials
From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for   specified period of time without payment. If we offer you a free trial, the specific terms of your free trial will   be provided in the marketing materials describing the particular trial or at registration. We reserve the right   to modify or terminate free trials at any time, without notice and in our sole discretion.

6.5) Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you   are authorized to use the designated payment method. In addition, you authorize (or our third party   payment processor) to charge your payment method for the total amount of your subscription fees (and   applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise   not acceptable, your account may be suspended until your payment is processed. You must resolve any   problem we encounter in order to proceed.   You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription   or changes in applicable taxes or other charges, and you authorize us (or our third party payment   processor) to charge your payment method for the corresponding amount.   If you are in Brazil, the following applies to you: in order to enable remittance of funds for the payment of   goods, products and/or services purchased from merchants abroad, you appoint PPRO Brasil Ltda. as   your attorney-in-fact to, on your behalf, sign foreign exchange agreements and other agreements that   may be necessary to effect the respective remittance of funds, including the power to negotiate terms,   rates, renegotiate fees, or even in whole or in part supersede the mandate granted.

7) Limited License; Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names,   service marks, logos, slogans and other content contained therein (collectively, the “Ukrainian Roots   Community / URC Content”) are owned by or licensed to Ukrainian Roots Community / URC and are   protected under both United States and foreign laws. Except as explicitly stated in these Terms, Ukrainian   Roots Community / URC and our licensors reserve all rights in and to our Services and the Ukrainian   Roots Community / URC Content. You are hereby granted a limited, nonexclusive, nontransferable,   non-sublicensable, revocable license to access and use our Services and Ukrainian Roots Community /   URC Content for (i) your own personal use or (ii) if you are a business or organization, to communicate   about your business or organization with your Contacts. However, such license is subject to these Terms   and does not include any right to (a) sell, resell or commercially use our Services or Ukrainian Roots   Community / URC Content; (b) copy, reproduce, distribute, publicly perform or publicly display Ukrainian   Roots Community / URC Content, except as expressly permitted by us or our licensors; (c) modify the   Ukrainian Roots Community / URC Content, remove any proprietary rights notices or markings, or   otherwise make any derivative uses of our Services or Ukrainian Roots Community / URC Content; (d)   use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or   Ukrainian Roots Community / URC Content other than for their intended purposes. Any use of our   Services or Ukrainian Roots Community / URC Content other than as specifically authorized herein,   without our prior written permission, is strictly prohibited and will terminate the license granted herein.

8) Third Party Content and Services

We may display content, advertisements and promotions from third parties through the Services (“Third   Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no   representations or warranties of any kind regarding such Third Party Content, including, without limitation,   regarding its accuracy or completeness. You acknowledge and agree that your interactions with third   parties providing Third Party Content are solely between you and such third parties. If Ukrainian Roots   Community / URC requires you to accept additional terms, conditions, or obligations in connection with   your use of third party services or third party integrations (“Third Party Terms”), we will provide you   advanced notice and obtain your authorization or acceptance of such Third Party Terms, which shall   include your continued use of such services or integrations.   We may also provide you with access to certain services, features or functionality offered by a third party   in connection with the Services. Use of any such services, features or functionality will be subject to   separate terms of service between you and such third party, and not these Terms. The third party   provider, and not Ukrainian Roots Community / URC, will be solely responsible for providing you with   such services, features or functionality.

9) Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you   submit about Ukrainian Roots Community / URC or our products or Services (collectively, “Feedback”), is   non-confidential and will become the sole property of Ukrainian Roots Community / URC. We will own   exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be   entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise,   without acknowledgment or compensation to you.

10) Publicity

You agree to be identified as a customer of Ukrainian Roots Community / URC and that Ukrainian Roots   Community / URC may refer to you by name, trade name, trademark, logo and other proprietary marks or   words, and may describe your business, in our marketing or publicity materials, on our website, and in   press releases or other public statements. You hereby grant Ukrainian Roots Community / URC a   nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use your name and any of   your trade names, trademarks, logos and other proprietary marks or words pursuant to this Section 10.

11) Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the   intellectual property rights of others. If you believe that anything on our Services infringes any copyright   that you own or control, you may notify Ukrainian Roots Community / URC’s Designated Agent as follows:   [email protected]

12) Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Ukrainian   Roots Community / URC, our parent, subsidiaries and affiliates, and each of our respective officers,   directors, agents, partners and employees (individually and collectively, the “Ukrainian Roots Community /   URC Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs   (“Claims”)arising out of or related to (a) your access to or use of our Services; (b) your Marketing Content   or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any   rights of another (including intellectual property rights or privacy rights) or (e) your conduct in connection   with our Services. You agree to promptly notify Ukrainian Roots Community / URC Parties of any third   party Claims, cooperate with Ukrainian Roots Community / URC Parties in defending such Claims and   pay all fees, costs and expenses associated with defending such Claims (including, but not limited to,   attorneys’ fees). You also agree that Ukrainian Roots Community / URC Parties will have control of the   defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any   other indemnities set forth in a written agreement between you and Ukrainian Roots Community / URC or   the other Ukrainian Roots Community / URC Parties.

13) Disclaimers

WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY MARKETING CONTENT,   THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES MADE AVAILABLE ON OR LINKED TO BY   OUR SERVICES. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE   PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS   OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,   FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION,   Ukrainian Roots Community / URC DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES   ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE Ukrainian Roots   Community / URC ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE,   WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE   FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO   THE QUALITY AND PERFORMANCE OF THE SERVICES. AS BETWEEN YOU AND Ukrainian Roots   Community / URC, YOU WILL BE SOLELY RESPONSIBLE FOR RESPONDING TO AND HONORING   ALL REQUESTS RELATING TO THE RIGHTS OF YOUR CONTACTS AND THEIR PERSONAL DATA   PURSUANT TO AND IN ACCORDANCE WITH APPLICABLE DATA PROTECTION LAWS.

14) Limitation of Liability

Ukrainian Roots Community / URC AND THE OTHER Ukrainian Roots Community / URC PARTIES WILL   NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT,   TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE—FOR ANY INDIRECT,   CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST   PROFITS, EVEN IF Ukrainian Roots Community / URC OR THE OTHER Ukrainian Roots Community /   URC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL   LIABILITY OF Ukrainian Roots Community / URC AND THE OTHER Ukrainian Roots Community / URC   PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR   SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF   ANY, BY YOU TO ACCESS OR USE OUR SERVICES. THE LIMITATIONS SET FORTH IN THIS   SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR   INTENTIONAL MISCONDUCT OF Ukrainian Roots Community / URC OR THE OTHER Ukrainian Roots   Community / URC PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE   EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO   NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,   SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

15) Release

To the fullest extent permitted by applicable law, you release Ukrainian Roots Community / URC and the   other Ukrainian Roots Community / URC Parties from responsibility, liability, claims, demands, and/or   damages (actual and consequential) of every kind and nature, known and unknown (including, but not   limited to, claims of negligence), arising out of or related to disputes between users and the acts or   omissions of third parties. You expressly waive any rights you may have under California Civil Code §   1542 as well as any other statute or common law principles that would otherwise limit the coverage of this   release to include only those claims which you may know or suspect to exist in your favor at the time of   agreeing to this release.

16) Transfer and Processing Data;

By accessing or using our Services, you consent to the processing, transfer and storage of information   about you in and to the United States and other countries, where you may not have the same rights and   protections as you do under local law.

17) Export Control, Sanctions Compliance and Anti-Corruption Compliance

17.1) Export Control and Sanctions Compliance
The receipt and use of our Services may be subject to export control and economic sanctions laws of the   United States and other applicable government authorities (“Export Control and Sanctions Laws”). You   agree to abide by all Export Control and Sanctions Laws as they relate to your access and use of our   Services. You will not, directly or indirectly, access or use our Services if you are located in a jurisdiction   where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”), including Cuba, Iran,   North Korea, Syria, and the Crimea region. You also will not provide access to or allow the use of our   Services by any government, entity or individual:

(a) located in any Prohibited Jurisdiction; or (b) identified   on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of   Commerce’s Denied Persons List or Entity List, or subject to any other expert control or economic   sanctions lists or programs. You represent and warrant that:
(a) you are not named on or subject to any   government sanctions programs or list of persons or entities prohibited from receiving U.S. exports, or   engaging in transactions with any U.S. person;
(b) you are not located in, or a company registered in, any   Prohibited Jurisdiction; and
(c) you will comply with all applicable laws regarding the transmission of   technical data exported from the United States and the country in which you are located.

17.2) Anti-Corruption Compliance
You will comply with all applicable United States and international anti-corruption and anti-bribery laws   and regulations, including the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and others as they   relate to your access to and use of our Services. You acknowledge that you have not received or been   offered any illegal or improper bribe, kickback, payment, gift or thing of value in connection with these   Terms.

18) Commercial Items

If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the App and   Services constitute “commercial computer software” or “commercial computer software documentation”   for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency’s rights   are limited to those specifically granted under these Terms.

19) Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims   with Ukrainian Roots Community / URC and limits the manner in which you can seek relief from us.   Except for small claims disputes in which you or Ukrainian Roots Community / URC seek to bring an   individual action in small claims court located in the county of your billing address or disputes in which you   or Ukrainian Roots Community / URC seeks injunctive or other equitable relief for the alleged unlawful   use of intellectual property, you and Ukrainian Roots Community / URC waive your rights to a jury trial   and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead,   all disputes arising out of or relating to these Terms or our Services will be resolved through confidential   binding arbitration held in Cook County, Illinois in accordance with the Streamlined Arbitration Rules and   Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on   the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you   have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any   claim that the rules of JAMS are unfair or should not apply for any reason.   You and Ukrainian Roots Community / URC agree that any dispute arising out of or related to these   Terms or our Services is personal to you and Ukrainian Roots Community / URC and that any dispute will   be resolved solely through individual arbitration and will not be brought as a class arbitration, class action   or any other type of representative proceeding.   You and Ukrainian Roots Community / URC agree that these Terms affect interstate commerce and that   the enforceability of this Section 19 will be substantively and procedurally governed by the Federal   Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As   limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make   all procedural and substantive decisions regarding any dispute and to grant any remedy that would   otherwise be available in court; provided, however, that the arbitrator does not have the authority to   conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator   may only conduct an individual arbitration and may not consolidate more than one individual’s claims,   preside over any type of class or representative proceeding or preside over any proceeding involving   more than one individual. You and Ukrainian Roots Community / URC agree that for any arbitration you   initiate, you will pay the filing fee and Ukrainian Roots Community / URC will pay the remaining JAMS   fees and costs. For any arbitration initiated by Ukrainian Roots Community / URC, Ukrainian Roots   Community / URC will pay all JAMS fees and costs. You and Ukrainian Roots Community / URC agree   that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois   have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.   Any claim arising out of or related to these Terms or our Services must be filed within one year after such   claim arose; otherwise, the claim is permanently barred, which means that you and Ukrainian Roots   Community / URC will not have the right to assert the claim.   You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the   terms of this Section 19 by emailing us . In order to be effective, the opt out notice must include your full   name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration,   you are agreeing to resolve disputes in accordance with Section 20.

20) Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced   in accordance with the laws of State of Illinois, without regard to conflict of law rules or principles (whether   of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.   Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court   will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook   County, Illinois.

21) Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended   Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by   sending an email notification to the address associated with your account or providing notice through our   Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and   your continued access to and use of our Services after we provide notice will confirm your acceptance of   the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

22) Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our   Services. We are not responsible for any loss or harm related to your inability to access or use our   Services.

23) Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or   part of the provision is deemed severable from these Terms and does not affect the validity and   enforceability of any remaining provisions.

24) Miscellaneous

These Terms constitute the entire agreement between you and Ukrainian Roots Community / URC   relating to your access to and use of our Services. Any additional or different terms proposed by you in   any purchase order, request for proposal or other document are hereby objected to by Ukrainian Roots   Community / URC and shall be void. The failure of Ukrainian Roots Community / URC to exercise or   enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The   section titles in these Terms are for convenience only and have no legal or contractual effect. Except as   otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not   intended to confer third party beneficiary rights upon any other person or entity. This Agreement may not   be assigned or transferred by you except with our prior written consent. These Terms may not be   assigned or transferred by you except with our prior written consent. These Terms may be executed and   delivered electronically and in one or more counterparts, each of which shall, when taken together,   constitute a single document