Terms and Conditions

TERMS AND CONDITIONS

Last updated December 27, 2022

CONTENTS

1. AGREEMENT TO THE TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER DECLARATIONS

4. PROHIBITED ACTIVITIES

5. USER-GENERATED CONTRIBUTIONS

6. CONTRIBUTION LICENSE

7. SUBMISSIONS

8. WEBSITE AND THIRD-PARTY CONTENT

9. SITE MANAGEMENT

10. PRIVACY POLICY

11. TERM AND TERMINATION

12. CHANGES AND INTERRUPTIONS

13. APPLICABLE LAW

14. DISPUTE SETTLEMENT

15. CORRECTIONS

16. DISCLAIMER

17. LIMITATIONS OF LIABILITY

18. REIMBURSEMENT

19. USER DATA

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

21. USERS AND CALIFORNIA RESIDENTS

22. MISCELLANEOUS

23. CONTACT

1. AGREEMENT ON TERMS

These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity ("you") and Victor Cătălin ("Company", "us", "we", "us" or "our"), regarding your access to and use of https://victorcatalin.ro, and any other media form, media channel, mobile website or mobile application linked, linked or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site or the Victor Cătălin app you have read, understand and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY DISCONTINUE USING THE SITE.

Additional terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will give you notice of any changes by updating the "Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please be sure to check the applicable Terms each time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have acknowledged and accepted the changes in any revised Terms of Use by your continued use of the Site after the date on which such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in such jurisdiction or country. Accordingly, those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use this Site. You may not use the Site in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of and be under the direct supervision of a parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use before using the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Website is our property and all source code, databases, functionality, software, website design, audio, video, text, photographs and graphics on the Website (collectively, the "Content") and trademarks, the service marks and logos contained therein (the "Marks") are owned or controlled by us or licensed by us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in the United States, international copyright laws and international conventions. The Content and Marks are provided on the Site "AS IS" for your personal information and use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print one copy of any portion of the Content to which you have properly obtained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in connection with the Site, the Content and the Marks.

3. USER DECLARATIONS

By using the Site, you represent and warrant that (1) you have the legal capacity and agree to abide by these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any part thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we provide it. The Site may not be used in connection with any commercial activities of any kind, except those specifically endorsed or approved by us.

As a user of the Site, you agree to NOT:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
  • Deceive, defraud or mislead us and other users, in particular in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or impose limitations on the use of the Site and/or the content contained therein.
  • To denigrate, tarnish or harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site to harass, abuse or harm another person.
  • Misuse our support services or submit false reports of abuse or misbehavior.
  • Use the Site in a manner inconsistent with any applicable law or regulation.
  • Engage in unauthorized framing or linking to the Site.
  • Upload or transmit (or attempt to upload or transmit) any viruses, Trojan horses or other material, including excessive capitalization and spamming (the continuous posting of repetitive text), that interferes with your uninterrupted use and enjoyment of any portion of the Site or alters, impairs, interrupts, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
  • Engage in any automated use of the system, such as the use of scripts to submit comments or messages, or the use of any data mining tools, robots or similar data gathering and extraction tools.
  • Remove copyright or other proprietary notices from any content.
  • Trying to impersonate another user or person or using another user's username.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmission mechanism, including, but not limited to, clear graphics image exchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt or create an undue burden on the Site or networks or services connected to the Site.
  • Harass, annoy, intimidate or threaten any of our employees or agents involved in providing any part of the Site to you.
  • Attempt to circumvent any Site measures designed to prevent or restrict access to the Site or any part of the Site.
  • Copy or adapt the Site software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
  • Except as permitted by applicable law, decrypt, decrypt, disassemble or reverse engineer any software comprising or in any way forming part of the Site.
  • Except as may result from the use of a standard search engine or Internet browser, use, launch, develop or distribute any automated system, including, without limitation, any spider, robot, cracker, scammer, scraper or offline reader that accesses the Site, or use or launch any script or other unauthorized software.
  • Use a purchasing agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or Content for any revenue generating endeavor or commercial enterprise.

5. USER-GENERATED CONTRIBUTIONS

The Site does not offer users the ability to submit or post content. We may provide you with the ability to create, submit, post, display, transmit, perform, perform, publish, distribute or disseminate content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third party websites. As such, any Contributions you submit may be treated in accordance with the Site's Privacy Policy. When creating or making available any Contributions, you represent and warrant that:

  • The creation, distribution, transmission, public display or performance, as well as accessing, downloading or copying of your Contributions does not and will not infringe or violate the proprietary rights, including, but not limited to, copyrights, patents, trademarks, trade secrets or moral rights of any third party.
  • You are the creator and owner of, or possess the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each identifiable individual in your Contributions to use the name or likeness of each such identifiable individual to enable the inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your contributions are not false, inaccurate or misleading.
  • Your contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
  • Your contributions are not obscene, lewd, lewd, lascivious, filthy, violent, harassing, harassing, libelous, defamatory or in any other way objectionable (as determined by us).
  • Your contributions do not ridicule, mock, denigrate, intimidate or abuse anyone.
  • Your contributions are not used to harass or threaten (in the legal sense of these terms) any other person or to promote violence against any person or group of persons.
  • Your contributions do not violate any applicable law, regulation or rule.
  • Your contributions do not violate the privacy or publicity rights of any third party.
  • Your contributions do not violate any applicable laws relating to child pornography or aimed at protecting the health or welfare of minors.
  • Your contributions do not include any offensive comments related to race, national origin, gender, sexual preference or physical disability.
  • Your contributions do not otherwise violate or reference material that violates any provision of these Terms of Use or any applicable law or regulation.
  • Any use of the Site that violates the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

6. CONTRIBUTION LICENSE

You agree that we may access, store, process and use any information and personal data you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback about the Site, you agree that we may use and share such feedback for any purpose, without compensation to you.

We do not claim any ownership of your contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions on the Site and you expressly agree to hold us harmless and to refrain from any legal action against us in respect of your Contributions.

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Site ("Submissions") that you provide to us are non-confidential and shall become our exclusive property. We will own exclusive rights, including all intellectual property rights, and will be entitled to unrestricted use and dissemination of these Submissions for any legal, commercial or other purpose without acknowledgment or compensation to you. You hereby waive all moral rights in any such Submissions and warrant that any such Submissions are original or that you have the right to submit them. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in any Submitted Material.

8. WEBSITE AND THIRD-PARTY CONTENT

The Site may contain (or may be sent to you through the Site) links to other websites ("Third Party Websites"), as well as articles, photographs, text, graphics, images, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked by us for accuracy, appropriateness or completeness, and we are not responsible for the Third-Party Websites accessed through the Site or the Third-Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, opinions, reliability, privacy practices or other policies of or contained on or contained on the Third-Party Websites or the Third-Party Content or the Third-Party Content. The inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply endorsement or approval thereof by us. If you decide to leave the Site and access any Third Party Websites or use or install any Third Party Content, you do so at your own risk and you should be aware that these Terms of Use are no longer valid. You should consult the applicable terms and policies, including privacy and data collection practices, of any website to which you navigate to from the Site or relating to any applications you use or install from the Site. Any purchases you make through third party websites will be made through other websites and from other companies, and we assume no responsibility or liability in connection with such purchases, which are solely between you and such third party. You agree and acknowledge that we do not endorse the products or services offered on third party websites and you will hold us harmless from any harm caused by your purchase of such products or services. In addition, you will hold us harmless from any loss suffered by you or any damage caused by you in connection with or as a result of any third party content or any contact with third party websites.

9. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable any files and content that are excessive in size or otherwise burdensome on our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and facilitate the smooth operation of the Site.

10. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://victorcatalin.ro/politica-de-confidentialitate. By using the Site, you agree to abide by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site is hosted in Romania. If you are accessing the Site from any other region of the world with laws or other requirements governing the collection, use or disclosure of personal data that differ from the laws applicable in Romania, then by your continued use of the Site, you are transferring your data to Romania and you consent to your data being transferred to and processed in Romania. In addition, we do not knowingly accept, solicit or solicit information from children, and we do not knowingly knowingly target children. Therefore, in compliance with the U.S. Children's Online Privacy Protection Act, if we receive actual information that a person under the age of 13 has provided us with personal information without the necessary and verifiable parental consent, we will delete that information from the Site as soon as possible.

11. TERM AND TERMINATION

These Terms of Use will remain in effect throughout your use of the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO DENY, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, BUT NOT LIMITED TO, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION. THE SITE OR DELETE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your own name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive relief actions.

12. CHANGES AND INTERRUPTIONS

We reserve the right to change, modify or remove content on the Site at any time or for any reason in our sole discretion without prior notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or any part of the Site at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance work in connection with the Site, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time or for any reason without notice to you. You agree that we shall have no liability for any loss, damage or inconvenience caused by your inability to access or use the Site during any period of interruption or discontinuance of the Site. Nothing in these Terms of Use shall be construed as obligating us to maintain and support the Site or to provide corrections, updates or releases in connection with the Site.

13. APPLICABLE LAW

These terms and conditions are governed by and construed in accordance with the laws of Romania and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your normal place of residence is in the EU and you are a consumer, you additionally possess the protection afforded by the mandatory provisions of the law of your country of residence. Both you and Victor Cătălin agree to submit to the non-exclusive jurisdiction of the courts of Bucharest, which means that you may make a claim to enforce your consumer protection rights in relation to these Terms of Use in Romania or in the EU country in which you reside.

14. DISPUTE SETTLEMENT

Informal negotiations

To expedite the resolution and control the costs of any dispute, controversy or claim related to these Terms of Use (each a "Dispute" and collectively, "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except for Disputes expressly set forth below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations shall commence upon written notice by one Party to the other Party.

Binding arbitration

Any dispute arising out of the relations between the parties to this contract shall be settled by an arbitrator to be chosen in accordance with the Rules of Arbitration and the Internal Rules of the European Court of Arbitration which is part of the European Arbitration Center based in Strasbourg and which is in force at the time of the filing of the request for arbitration and the adoption of which constitutes acceptance. The seat of the arbitration shall be Bucharest, Romania. The language of the proceedings shall be Romanian. The applicable rules of substantive law are those of Romanian law.

Restrictions

The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. To the extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or others.

Exceptions to informal negotiations and arbitration

The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (a) any Disputes concerning the enforcement or protection of, or concerning the validity of, any of a Party's intellectual property rights; (b) any Disputes related to, or arising out of, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any request for injunctive relief. If this provision is held to be illegal or unenforceable, then neither party shall elect to arbitrate any Dispute falling within that portion of this provision held to be illegal or unenforceable, and such Dispute shall be resolved by a court of competent jurisdiction within the courts listed above for jurisdiction, and the parties agree to submit to the personal jurisdiction of such court.

15. CORRECTIONS

Information on the Site may contain typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time without notice.

16. DISCLAIMER

THE WEBSITE IS PROVIDED SUBJECT TO CURRENT STATUS AND AVAILABILITY. YOU AGREE THAT YOUR USE OF OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR (1) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND ARISING OUT OF YOUR ACCESS ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR UNAUTHORIZED USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE BY ANY MEANS OR IN ANY MEDIUM, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU. OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE. OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU. FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU. TO US, IF ANY. CERTAIN U.S. STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. REIMBURSEMENT

You agree to defend, indemnify and hold us, including us, including our subsidiaries and affiliates, and all of our officers, agents, partners and employees, harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your violation of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of any third party's rights, including but not limited to intellectual property rights; or (5) any harmful act to any other user of the Site with whom you have connected through the Site. Notwithstanding the foregoing, we reserve 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, at your own expense, with our defense of any such claim. We will use reasonable efforts to notify you of any such claim, action or proceeding subject to this indemnification as soon as we become aware of it.

19. USER DATA

We retain certain data that you submit to the Site for the purposes of managing the performance of the Site, as well as data relating to your use of the Site. Although we routinely back up data on a regular basis, you are solely responsible for all data that you submit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or damage to any such data, and you hereby waive any right of action against us arising from any loss or damage to such data.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Site, sending e-mails and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by e-mail and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or requirements under any statute, regulation, rule, ordinance or other law of any jurisdiction that requires an original signature or the delivery or maintenance of non-electronic records, or to payments or the granting of credit by any means other than electronically.

21. USERS AND RESIDENTS OF CALIFORNIA

If any complaint against us is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Consumer Services Division of the California Department of Consumer Protection, Consumer Services Division, in writing at 1625 North Market Blvd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

22. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on or in connection with the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use shall operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay or inability to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is held to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use shall not be construed against us by virtue of the fact that we drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signature by the parties involved in the execution of these Terms of Use.

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23. CONTACT

To resolve a complaint about the site or to receive further information about using the site, please contact us at:

Victor Cătălin

__________

Romania

Phone: (+40)727163913

[email protected]