TERMS AND CONDITIONS OF USE

1. ACCEPTANCE OF TERMS

1.1. These Terms and Conditions (“Terms”) govern the relationship between you and the sole proprietor Ruslan Serhiyovych Blinov (“we”, “us”, “our”, or the “Company”) regarding your use of the website and other Company services (“Website” or “Service”), including all text, graphic, video, audio content, software, and other content available through the Service (“Content”).

1.2. Your access to and use of the Service signifies your agreement to abide by these Terms, which establish a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.

1.3. Please also review our Privacy Policy. The terms of the Privacy Policy and any other additional terms, policies, or documents that may be posted in the Service from time to time are hereby expressly incorporated into this document 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.

1.4. Unless expressly provided otherwise, we will notify you of any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change.

1.5. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), LIMITATION OF WARRANTIES (SECTION 8), LIMITATION OF LIABILITY (SECTION 9), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, THE RIGHT TO A COURT PROCEEDING, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). IF YOU DO NOT OPT OUT OF THESE PROVISIONS WITHIN 30 DAYS AFTER YOUR FIRST USE OF OUR SERVICE AS PROVIDED IN SECTION 12, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY DISPUTES AND IS MANDATORY, EXCEPT AS SPECIFIED BELOW IN SECTION 12.

1.6. 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, DO NOT ACCESS OR USE THE WEBSITE AND SERVICE.

2. IMPORTANT DISCLAIMERS

2.1. WE PROVIDE NO WARRANTIES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR PROVIDE ANY BENEFIT.

2.2. NOT ALL INFORMATION DESCRIBED IN THE APPLICATION IS SUITABLE FOR EVERYONE. THE SERVICE IS INTENDED SOLELY AS A TOOL THAT MAY BE USEFUL FOR ACHIEVING YOUR GENERAL LIFESTYLE GOALS. YOU ACKNOWLEDGE THAT IF YOUR ACTIVITIES, ENCOURAGED OR INSPIRED BY THE SERVICE, INVOLVE ANY RISKS, YOU ASSUME THOSE RISKS YOURSELF AND UNDERSTAND AND AGREE THAT YOU BEAR FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE, AND WELL-BEING, AS WELL AS THE HEALTH, LIFE, AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, DEPENDING ON THE CIRCUMSTANCES), AND ALL DECISIONS NOW AND IN THE FUTURE.

2.3. INFORMATION PROVIDED THROUGH OUR SERVICE IS INTENDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING, BUT NOT LIMITED TO, (A) PROFESSIONAL MEDICAL OR PSYCHIATRIC ADVICE, DIAGNOSIS, OR TREATMENT, OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER IGNORE OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE. YOUR RELIANCE ON THE INFORMATION PROVIDED BY THE SERVICE IS SOLELY YOUR OWN CHOICE. ANY AND ALL DECISIONS YOU MAKE BASED IN WHOLE OR IN PART ON INFORMATION PROVIDED BY THE SERVICE WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.

3. ACCOUNT REGISTRATION

3.1. To use certain features of the Service, you may be required to register an account (“Account”) and provide certain information about yourself as requested by the registration form.

3.2. If you register an Account, you represent and warrant to the Company that: (i) all required registration information you submit is true and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law, regulation, or these Terms. Otherwise, the Service may operate incorrectly, and we may not be able to contact you regarding important matters.

3.3. The Service is not intended for use by persons under the age of 16. You hereby represent and warrant to the Company that you meet the above qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission and be under the direct supervision of their parents or guardians to use the Service. If you are a minor, your parent or guardian must read and agree to these Terms before you start using the Service.

3.4. The Company reserves the right to suspend or terminate your Account or your access to the Service, with or without notice, in the event of a breach of these Terms by you.

3.5. You are responsible for maintaining the confidentiality of your Account login credentials and are fully responsible for all activities that occur under your Account. You agree to notify the Company immediately of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. THE SERVICE

4.1. If you use the Service, you represent and warrant to the Company that: (i) all required information you provide is true and accurate; (ii) your use of the Service does not violate any applicable law, regulation, or these Terms.

4.2. The Company reserves the right to suspend or terminate your use of the Service or your access to the Service, with or without notice, in the event of a breach of these Terms by you.

4.3. The Service may be modified, updated, interrupted, or suspended at any time without notice to you or liability on our part.

4.4. You are solely responsible for obtaining the equipment and telecommunications services necessary to access the Service, as well as all related fees (e.g., computer devices, internet service provider fees, and airtime charges).

4.5. We reserve the right to implement any changes to the Service (whether free or paid features) at any time, with or without notice. You acknowledge that a number of actions by the Company may impair or prevent access to the Service at certain times and/or in the same manner, for limited periods or permanently, and agree that the Company shall have no liability as a result of any such actions or consequences, including, without limitation, deletion or inability to provide you with any content or services.

4.6. Your access to and use of the Service is at your own risk. To the maximum extent permitted by law, the Company is not responsible for any damage to your computer system, loss of data, or other harm to you or any third party, including, without limitation, any bodily injury arising from your access to or use of the Service, or reliance on any information or advice.

4.7. The Company has no obligation to provide you with any customer support. However, the Company may provide customer support to you at its sole discretion from time to time.

5. THIRD-PARTY ADVERTISING, INTELLECTUAL PROPERTY, USER CONTENT

5.1. The Service may contain links to third-party websites or resources and third-party advertising (collectively “Third-Party Advertising”). Such Third-Party Advertising is not under the control of the Company, and the Company is not responsible for any Third-Party Advertising. The Company provides this Third-Party Advertising solely for convenience and does not verify, endorse, control, support, guarantee, or make any representations regarding Third-Party Advertising. Advertising and other information provided by third-party sites may not be entirely accurate. You acknowledge sole responsibility for your use of any such websites or resources and assume all risks arising in connection therewith. When you click on a link to a third-party site, the terms and policies of the respective service provider apply, including privacy and data collection practices. You should conduct any investigation you deem necessary or appropriate before initiating any transactions with any third party. Your transactions and other dealings with Third-Party Advertising found on or through the Service, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

5.2. You hereby release us, our officers, employees, agents, and successors from claims, demands, any and all losses, damages, rights, suits, and actions of any kind, including bodily injury, death, and property damage, that are directly or indirectly related to or arise from any interaction with any users of the Service or any Third-Party Advertising, or from their conduct.

5.3. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes.

5.4. You agree, represent, and warrant that your use of the Service or any part thereof will be lawful.

5.5. You acknowledge that all text, images, marks, logos, compilations (meaning the collection, arrangement, and layout of information), data, other content, software, and materials displayed on the Service or used by the Company to operate the Service (including Content and excluding any User Content (as defined below)) are our property or the property of third parties.

5.6. The Company expressly reserves all rights, including all intellectual property rights, in and to all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation thereof is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

5.7. Information you submit to us, as well as any data, text, and other materials you may submit to the Service (“User Content”), remain your intellectual property, and the Company does not claim ownership of copyright or other proprietary rights in such registration information and User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of User Content and use it as necessary or incidentally for its operation of the Service and as described in these Terms and the Privacy Policy.

5.8. You grant the Company a non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display, and perform User Content in connection with the Service.

5.9. Each user of the Service is solely responsible for any and all of their User Content. As we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, we provide no warranties regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no liability for any User Content. Your interaction with other users of the Service is solely between you and such users. You agree that the Company is not responsible for any loss or damage incurred as a result of any such interactions. If a dispute arises between you and any user of the Service, we have no obligation to intervene.

6. PAYMENT AND REFUNDS

6.1. Some features of the Service may be offered for a fee. To access certain features, you must purchase a subscription.

6.2. To the maximum extent permitted by applicable law, we may change payment terms at any time. We will provide you with reasonable notice of any such changes by posting them on or through the Service and/or by sending you an email message.

6.3. You authorize us to charge the applicable fees to the Payment Method you provide.

6.4. To the extent permitted by applicable law, purchases made through our website are non-refundable and/or non-exchangeable, unless otherwise specified in this document or required by applicable law.

Note for EU residents: If you are a user from the EU, you have the right to withdraw from the service agreement and the digital content agreement without paying and without providing reasons within fourteen (14) days from the date of conclusion of such agreement. The right of withdrawal does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT AS SOON AS OUR SERVERS CONFIRM YOUR PURCHASE AND THE RELEVANT PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, unless the Service is defective, you will not be entitled to a refund for digital goods and will only be entitled to a pro-rated refund for a digital service.

7. USER REPRESENTATIONS AND RESTRICTIONS

7.1. By using the Service, you represent and warrant that:

7.1.1. you have the legal capacity and agree to comply with these Terms;

7.1.2. you are at least 16 years of age;

7.1.3. you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise;

7.1.4. you will not use the Service for any illegal or unauthorized purposes;

7.1.5. you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country;

7.1.6. you are not listed on any U.S. government list of prohibited or restricted parties; and

7.1.7. your use of the Service does not violate any applicable laws or regulations.

7.2. If you provide any information that is untrue, inaccurate, outdated, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).

7.3. You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

7.4. As a user of the Service, you agree not to:

7.4.1. systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission;

7.4.2. make any unauthorized use of the Service;

7.4.3. make any modifications, adaptations, improvements, enhancements, translations, or derivative works based on the Service;

7.4.4. use the Service for any revenue-generating activities, commercial enterprises, or other purposes for which it is not designed or intended;

7.4.5. make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;

7.4.6. use the Service to create a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the Service;

7.4.7. use any confidential information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any programs, accessories, or devices for use with the Service;

7.4.8. circumvent, disable, or otherwise interfere with security-related features of the Service;

7.4.9. engage in unauthorized framing of or linking to the Service;

7.4.10. interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;

7.4.11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;

7.4.12. attempt to bypass any measures of the Service designed to prevent or restrict access to the Service or any portion of the Service;

7.4.13. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

7.4.14. use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or use or launch any unauthorized script or other software;

7.4.15. use the Service to send automated queries to any website or to send any unsolicited commercial email;

7.4.16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;

7.4.17. use the Service in a manner inconsistent with any applicable laws or regulations; or

7.4.18. otherwise violate these Terms.

8. DISCLAIMER OF WARRANTIES

THE WEBSITE, CONTENT, AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WEBSITE, CONTENT, AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING FROM ANY COURSE OF PERFORMANCE OR TRADE USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY 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 LOCATION; (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 MAY BE ACHIEVED.

9. LIMITATION OF LIABILITY

9.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS 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 ADVERTISING, 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), AS WELL AS THIRD-PARTY ADVERTISING, IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY 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 COMPANY FOR THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.

9.3. 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.

10. INDEMNIFICATION

You agree to indemnify and hold harmless the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them, including costs and attorney's fees, from any claims or demands 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 Company 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 Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. INTERNATIONAL USE

The Company makes no representations that the Service is available, appropriate, or legally accessible for use in your jurisdiction, and access to and use of the Service is prohibited from territories where it would be illegal. You access the Service on your own initiative and are responsible for compliance with local laws.

12. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

12.1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM 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 JURY TRIAL. 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.

12.2. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (PRINCIPAL OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ALSO AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

12.3. YOU AND THE COMPANY, AS WELL AS EACH OF THEIR RESPECTIVE AGENTS, CORPORATE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNEES AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT) AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION, EXCEPT AS PROVIDED BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF 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.

12.4. Arbitration is a more informal way of resolving disputes than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The same damages and remedies that a court could award can be awarded by arbitrators. Please see additional information about arbitration at http://www.adr.org.

12.5. A party intending to seek arbitration must first send to the other party a written notice of intent to seek arbitration (“Notice”) via international courier with a tracking mechanism, or, in the absence of a mailing address provided by you to us, by any other method available to us, including email. Notice to the Company must be addressed to: Talentin LTD, Sofia, 1463, Triaditsa district, 66 Vitosha Blvd., floor 4, Bulgaria (accordingly, the “Address for Arbitration Notices”). The Notice must (i) describe the basis and nature of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and the Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, then either you or we may commence an arbitration proceeding as provided below, or file an individual claim in small claims court.

12.6. THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (“Rules”), as modified by these Terms.

12.7. If you commence arbitration against us, you must provide a second Notice to the Company at the Address for Arbitration Notices within seven (7) days of commencing the arbitration. AAA Rules and forms are available online at http://www.adr.org. If your Demand does not equal or exceed $1,000 USD or was filed in bad faith, in such case, you are solely responsible for paying the filing fee; if you are required to pay the filing fee to initiate arbitration against us, we will promptly reimburse you for the confirmed payment of the filing fee after we receive the second Notice at the Address for Arbitration Notices stating that you have initiated arbitration, along with a receipt confirming payment of the filing fee.

12.8. Arbitration will be conducted exclusively in English. One independent and impartial arbitrator, whose principal place of business is in Alexandria, Virginia (if you are from the United States) or in Sofia, Bulgaria (if you are not from the United States), will be appointed in accordance with the Rules, as modified by this document. You and the Company agree to abide by such rules, which are intended to streamline the arbitration process and reduce costs and burdens for the parties: (i) the arbitration will be conducted online and/or solely on the basis of written materials, the specific method being chosen by the party initiating the arbitration; (ii) the arbitration will not require personal appearance by the parties or witnesses unless otherwise agreed by the parties in writing; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

12.9. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT YOU AND THE COMPANY MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR 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 FOR CLAIMS OF MORE THAN ONE PERSON AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND UNENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION ON MANDATORY ARBITRATION SHALL BE NULL AND VOID.

12.10. The arbitrator has the exclusive and sole authority to resolve any dispute regarding the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator has the exclusive and sole authority to determine whether this arbitration clause can be enforced against a party who is not a party to this agreement, and whether a party who is not a party to these Terms can enforce its provisions against you or us.

12.11. Except for extraordinary circumstances, the arbitrator will issue their final confidential decision within 120 days from the date of the arbitrator's appointment. The arbitrator may extend this time limit for an additional 30 days for good cause and in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records related to them will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The arbitrator's decision will be in writing and include a statement of reasons for the disposition of any claim. The arbitrator applies the laws of the State of Virginia without regard to conflicts of law principles when conducting the arbitration. You acknowledge that these terms and your use of the Service evidence a transaction involving interstate commerce. The U.S. Federal Arbitration Act (“FAA”) governs the interpretation, enforcement, and proceedings pursuant to this Section 12. Any award rendered is final, subject to appeal under the FAA.

12.12. The foregoing provisions of this Section 12 do not apply to any claim in which either party seeks equitable relief to protect its copyrights, trademarks, patents, or other intellectual property. For the avoidance of doubt, you agree that in the event the Company or a third party breaches these Terms, the loss or damage, if any, caused to you does not entitle you to seek an injunction or other equitable relief against us, and your sole remedy will be monetary damages, subject to the limitations of liability set forth in these Terms.

12.13. You and we agree that, notwithstanding any other rights a party may have under law or equity, any claim arising out of these Terms (including the Privacy Policy) or the Service, excluding a claim for indemnification, must be initiated in the AAA or filed in small claims court in Alexandria, Virginia, within one (1) year after the claim arises. Otherwise, such a claim is permanently barred. This one-year period includes the thirty (30) day pre-arbitration procedure set forth in subsection 12.5 above.

12.14. All claims you bring against the Company must be resolved in accordance with this Section. All claims filed or brought in violation of this Section shall be considered improperly filed. If you file a claim in violation of this Section, the Company may recover attorney's fees and reimbursement of its costs, provided that the Company has notified you in writing of the improperly filed claim and you have not withdrawn such claim immediately.

12.15. In the event that we make any material change to this arbitration provision (other than a change to our Address for Arbitration Notices), you may reject any such change by sending us written notice to our Address for Arbitration Notices within thirty (30) days after the change is made, in which case you will immediately cease using the Service, and this Section, as it existed immediately prior to the changes you reject, will remain in effect after the termination of these Terms.

12.16. If only paragraph 12.9 above or this entire Section 12 is found to be unenforceable, then this entire Section 12 will be null and void, and in such case, the parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to this Agreement.

12.17. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN COURT FOR A JUDGE OR JURY TO DECIDE YOUR CASE, AND TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE THAT ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY AND SOLELY THROUGH MANDATORY, FINAL, AND CONFIDENTIAL ARBITRATION.

12.18. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE OF FIRST USE OR ATTEMPTED USE OF THE SERVICE BY WRITING TO [email protected] OR TO THE ADDRESS FOR ARBITRATION NOTICES. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OF OPT-OUT THAT CONTAINS SUFFICIENT DETAILS ABOUT YOU SO THAT WE CAN IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU DO NOT HAVE THE RIGHT TO OPT OUT OF THIS PROVISION AND MUST BRING YOUR CLAIM THROUGH MANDATORY ARBITRATION AS DEFINED IN THIS AGREEMENT.

13. GOVERNING LAW

13.1. The laws of Bulgaria, excluding conflicts of law principles, govern these Terms and your use of the Service.

13.2. To the extent that any lawsuit related to any dispute hereunder is permitted to be brought in court, such lawsuit will be subject to the exclusive jurisdiction of:

13.2.1. the state and federal courts in the city of Alexandria, Virginia — if you are a resident of the United States; or

13.2.2. the courts of Bulgaria — if you are not a resident of the United States; and you hereby irrevocably submit to the personal jurisdiction and venue in such courts, and waive any defense regarding improper venue or inconvenient forum.

14. MISCELLANEOUS PROVISIONS

14.1. Any delay or failure on our part to exercise any of our rights arising in the event of any non-compliance or non-performance by you with respect to these Terms does not impair any such right and shall not be construed as a waiver thereof, and a waiver by the Company of any covenants, conditions, or agreements to be performed by you shall not be construed as a waiver of any subsequent breach of this or any other covenant, condition, or agreement contained herein.

14.2. Subject to Section 13, if any provision of these Terms is found to be invalid or unenforceable, these Terms will remain in full force and effect and will be reformed to be valid and enforceable, reflecting the intent of the parties to the maximum extent permitted by law.

14.3. Unless expressly stated otherwise herein, these Terms set forth the entire agreement between you and the Company regarding its subject matter and supersede all prior promises, agreements, or representations, whether written or oral, regarding such subject matter.

14.4. The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person in any manner, including novation, and by accepting these Terms, you consent to any such assignment and transfer. You acknowledge that the posting in the Service of a version of these Terms indicating another person as a party to the Terms is sufficient notice to you of the transfer of the Company's rights and obligations under the Agreement (unless expressly stated otherwise).

14.5. All information transmitted in the Service is considered electronic communication. When you communicate with us through or in the Service or by other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate with you electronically, 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 will have the same force and effect as if they were in writing and signed by the party sending the communication. You also acknowledge and agree that by clicking on a button marked “SEND”, “CONTINUE”, “ADD TO CART”, “PAY”, or similar links or buttons, you are submitting a legally binding electronic signature and 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 CONSENT 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.

14.6. In no event shall the Company be liable for any failure to perform these Terms to the extent that such failure arises from factors beyond the Company’s reasonable control.

15. CONTACTS

If you wish to send any notice under these Terms or have questions about the Service, you can contact us at - [email protected].

I HAVE READ THESE TERMS AND AGREE TO ALL PROVISIONS CONTAINED ABOVE.