TERMS AND CONDITIONS OF USE
- ACCEPTANCE OF TERMS
- These Terms and Conditions (the “Terms”) govern the relationship between you and NON-GOVERNMENTAL
ORGANIZATION “TERMINAL4”("we"
"us" "our" or the "Organization") regarding your use of the Organization’s website (the “Website”) and your
participation and other services (the “Website” or the “Service”), including all textual, graphic, video,
music, software and other content available through the Service (the “Content”).
- Your access and use of the Service constitutes your agreement to be bound by these Terms, which
establish a legally binding contractual relationship between you and the Organization. For this reason, PLEASE
READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
- Please review also our Privacy Policy. The terms of the Privacy Policy and other supplemental terms,
policies or documents that may be posted on the Service from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these
Terms at any time and for any reason.
- Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last
updated" date of these Terms and you waive any right to receive specific notice of each such change.
- IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND
BY THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE AND THE SERVICE.
- THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT
AGAINST ORGANIZATION. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS. THE TERMS OF THE ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER SHALL NOT APPLY IF UNENFORCEABLE UNDER THE LAWS OF THE COUNTRY IN WHICH YOU
RESIDE.
- ELIGIBILITY. You may use our Services only if you can form a binding contract with Organization, and
only in compliance with these Terms and all applicable laws. When you register, you must provide us with accurate
and complete information, and you agree to update your information to keep it accurate and complete. Any use or
access by anyone under the age of 13 is prohibited.
- CONTENT OFFERINGS. Organization offers course, lectures, and content ("Content Offerings") from
various lecturers, leading industry individuals and other providers ("Content Providers"). Organization reserves
the right to cancel, interrupt, reschedule, or modify any Content Offering. Content Offerings are subject to the
Disclaimers and Limitation of Liability sections below.
- USER CONTENT. The Services enable you to share your content, such as homework, quizzes, exams,
projects and the like ("User Content") with Organization. You retain all intellectual property rights in, and are
responsible for, the User Content you create and share.
- HOW ORGANIZATION AND OTHERS MAY USE USER CONTENT. To the extent that you provide User Content, you
grant Organization a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license
to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise
use the User Content. This license includes granting Organization the right to authorize Content Providers to use
User Content. Nothing in these Terms shall restrict other legal rights Organization may have to User Content, for
example under other licenses. We reserve the right to remove or modify User Content for any reason, including User
Content that we believe violates these Terms or other policies including our Acceptable Use Policy and Code of
Conduct.
- FEEDBACK. We welcome your suggestions, ideas, comments, and other feedback regarding the Services
("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or
any compensation to you. By accepting your Feedback, Organization does not waive any rights to use similar or
related Feedback previously known to Organization, developed by our employees, contractors, or obtained from other
sources.
- THIRD PARTY CONTENT. Through the Services, you will have the ability to access and/or use content
provided by Content Providers and/or other third parties and links to websites and services maintained by third
parties. Organization cannot guarantee that such third-party content, in the Services or elsewhere, will be free
of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may
harm your computer, mobile device, or any files therein. Organization disclaims any responsibility or liability
related to your access or use of, or inability to access or use, such third-party content.
- SERVICE
- When you use the Service, you represent and warrant to the Organization that: (i) all required
information you submit is truthful and accurate; (ii) your use of the Service does not violate any applicable
law or regulation or these Terms.
- The Organization reserves the right to suspend or terminate your use of Service, or your access to the
Service, in the event that you breach these Terms. The Service may be modified, updated, interrupted or
suspended at any time without notice to you or our liability. You are solely responsible for obtaining the
equipment and telecommunication services necessary to access the Service, and all fees associated therewith
(such as computing devices and Internet service provider and airtime charges).
- Your access to and use of the Service is at your own risk. To the extent permitted by law, the
Organization will have no responsibility for any harm to your computing system, loss of data, or other harm to
you or any third party, including, without limitation, any bodily harm, that results from your access to or
use of the Service, or reliance on any information or advice.
- The Organization has no obligation to provide you with customer support of any kind. However, the
Organization may provide you with customer support from time to time, at the Organization's sole discretion.
- DISCLAIMER OF WARRANTIES
THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE,
CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR
USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE ORGANIZATION AND ITS AFFILIATES, LICENSORS AND
SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE WILL BE
SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE
SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
- LIMITATION OF LIABILITY
- IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR
YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE WEBSITE OR CONTENT), OR THIRD-PARTY ADS, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE
WEBSITE, CONTENT AND USER CONTENT), AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF
THE ORGANIZATION TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT OR SERVICE IS
LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE ORGANIZATION FOR THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE ORGANIZATION AND YOU.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- INDEMNITY
You agree to indemnify and hold the Organization, its successors, subsidiaries, affiliates, any related
companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and
representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by
any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (iii) your violation of these Terms. The Organization reserves the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our
defense of these claims. You agree not to settle any matter without the prior written consent of the Organization.
The Organization will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming
aware of it.
- INTERNATIONAL USE
The Organization makes no representation that the Service is accessible, appropriate or legally available for use
in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be
illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
- MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY
LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING
CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE
RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED
OR MAY NOT EXIST.
- YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR
OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE
ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR
CLASS PROCEEDING.
- YOU AND THE ORGANIZATION, AND EACH OF ITS RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES,
AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT
MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW,
FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY,
UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE
RESOLUTION.
- Arbitration is a more informal way to settle disputes than a lawsuit in court. A neutral arbitrator
instead of a judge or jury is used in arbitration, which allows for more limited discovery than in court, and
is subject to very limited review by courts. The same damages and relief that a court can award can be awarded
by arbitrators. Please see more information about arbitration at http://www.adr.org.
- A party which intends to seek arbitration must first send to the
other a written notice of intent to arbitrate (a "Notice") by an international courier with a tracking
mechanism, or, in the absence of a mailing address provided by you to us, via any other method available to
us, including via e-mail. The Notice to the Organization must be addressed to: Ukraine, 04119, Kyiv,
Degtyarivska Street, Building 21, Block A, Office 107/6 (as applicable, the "Arbitration Notice Address"). The
Notice shall (i) describe the basis and nature of the claim or dispute; and (ii) set the specific relief
sought (the "Demand"). If you and the Organization do not reach an agreement to resolve the claim within 30
days after the Notice is received, then you or we may commence an arbitration proceeding as set forth below or
file an individual claim in small claims court.
- THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE
WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE
"Rules"), AS MODIFIED BY THESE TERMS.
- If you commence arbitration against us, you are required to provide a second Notice to the Organization
at the Arbitration Notice Address within seven (7) days of arbitration commencement. The Rules and AAA forms
are available online at http://www.adr.org. Unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are
solely responsible for the payment of the filing fee, if you are required to pay a filing fee to commence an
arbitration against us, then we will promptly reimburse you for your confirmed payment of the filing fee upon
our receipt of the second Notice at the Arbitration Notice Address that you have commenced arbitration along
with a receipt evidencing payment of the filing fee.
- The arbitration shall be conducted exclusively in English. A single, independent and impartial
arbitrator with his or her primary place of business in Alexandria, Virginia (if you are from the United
States) or in Kyiv, Ukraine (if you are not from the United States) will be appointed pursuant to the Rules,
as modified herein. You and the Organization agree to comply with the following rules, which are intended to
streamline the arbitration process and reduce the costs and burdens on the parties: (i) the arbitration will
be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the
party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties
or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award
the arbitrator renders may be entered in any court of competent jurisdiction.
- TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THE ORGANIZATION
AGREE THAT YOU AND THE ORGANIZATION MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING.
FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND
MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC
PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL
AND VOID.
- The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the
interpretation, construction, validity, applicability, or enforceability of these Terms, Privacy Policy, and
this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether
this arbitration clause can be enforced against a non-party to this agreement and whether a non-party to these
Terms can enforce its provision against you or us.
- Barring extraordinary circumstances, the arbitrator will issue his or her final, confidential decision
within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an
additional 30 days upon a showing of good cause and in the interests of justice. All arbitration proceedings
will be closed to the public and confidential, and all records relating thereto will be permanently sealed,
except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be
in writing and will include a statement setting forth the reasons for the disposition of any claim. The
arbitrator shall apply the laws of the Commonwealth of Virginia without regard to its conflicts of laws
principles in conducting the arbitration. You acknowledge that these terms and your use of the Service
evidences a transaction involving interstate commerce. The United States Federal Arbitration Act ("FAA") will
govern the interpretation, enforcement, and proceedings pursuant to this Section 12. Any award rendered shall
be final, subject to appeal under the FAA.
- The abovestated provisions of this Section 13 shall not apply to any claim in which either party seeks
equitable relief to protect such party's copyrights, trademarks, patents, or other intellectual property. For
the avoidance of doubt, you agree that, in the event the Organization or a third party breaches these Terms,
the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief
against us, and your only remedy will be for monetary damages, subject to the limitations of liability set
forth in these Terms.
- You and we agree that, notwithstanding any other rights a party may have at law or in equity, any claim
arising out of or related to these Terms (including the Privacy Policy) or the Service, excluding a claim for
indemnification, must be initiated with the AAA or filed in small claims court in Alexandria, Virginia within
one (1) year after the claim accrues. Otherwise, such cause of action is permanently and forever barred. This
one (1) year period includes the thirty (30) day pre-dispute procedure set forth in sub-clause 13.5 above.
- All claims you bring against the Organization must be resolved in accordance with this Section. All
claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim
contrary to this Section, the Organization may recover attorneys' fees and reimbursement of its costs,
provided that the Organization has notified you in writing of the improperly filed claim, and you fail to
promptly withdraw such claim.
- In the event that we make any material change to this arbitration provision (other than a change to our
Arbitration Notice Address), you may reject any such change by sending us written notice to our Arbitration
Notice Address within thirty (30) days of the change, in which case you shall terminate your use of the
Service immediately, and this Section, as in effect immediately prior to the amendments you reject, will
survive the termination of these Terms.
- If only clause 13.9 paragraph above or the entirety of this Section 13 is found to be unenforceable,
then the entirety of this Section 13 will be null and void and, in such case, the parties agree that the
exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to
this Agreement.
- YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY
DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO
HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
- YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT
YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICE BY WRITING TO TEAM@TRMNL4.COM OR TO THE ARBITRATION NOTICE
ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING
ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30)
DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH
BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
- GOVERNING LAW
- The laws of England and Wales, excluding its conflicts of law principles, govern these Terms and your
use of the Service.
- To the extent that any action relating to any dispute hereunder is permitted to be brought in a court
of law, such action will be subject to the exclusive jurisdiction of:
- the
state and federal courts in the City of Alexandria, Virginia – if you are a resident of the United States;
or
- the
courts of Kyiv, Ukraine– if you are not a resident of the United States;
and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of
improper venue or inconvenient forum.
- MISCELLANEOUS PROVISIONS
- No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default
by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a
waiver by the Organization of any of the covenants, conditions or agreements to be performed by you will not
be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement
hereof contained.
- Subject to Section 13, if any provision of these Terms is found to be invalid or unenforceable, then
these Terms will remain in full force and effect and will be reformed to be valid and enforceable while
reflecting the intent of the parties to the greatest extent permitted by law.
- Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you
and the Organization regarding its subject matter, and supersede all prior promises, agreements or
representations, whether written or oral, regarding such subject matter.
- The Organization may transfer or assign any and all of its rights and obligations under these Terms to
any other person, by any way, including by novation, and by accepting these Terms you give the Organization
consent to any such assignment and transfer. You confirm that placing on the Service of a version of these
Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer
of Organization's rights and obligations under the Agreement (unless otherwise is expressly indicated).
- All information communicated on the Service is considered an electronic communication. When you
communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are
communicating with us electronically. You agree that we may communicate electronically with you and that such
communications, as well as notices, disclosures, agreements, and other communications that we provide to you
electronically, are equivalent to communications in writing and shall have the same force and effect as if
they were in writing and signed by the party sending the communication. You further acknowledge and agree that
by clicking on a button labeled "SUBMIT", "CONTINUE" or similar links or buttons, you are submitting a legally
binding electronic signature and are entering into a legally binding contract. You acknowledge that your
electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
- In no event shall the Organization be liable for any failure to comply with these Terms to the extent
that such failure arises from factors outside the Organization's reasonable control.
- CONTACT
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us
at: TEAM@TRMNL4.COM
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated: March 2025