This privacy policy (the “Privacy Policy”) describes how Beretta Holding S.A., together with its subsidiaries and affiliates (collectively referred to in this Privacy Policy as “Beretta Holding” “we,” “our,” or “us”) collects, uses, and discloses your Personal Information (as defined in Section 1) in connection to your use of this website (the “Site”).

By accessing the Site, you confirm that you have read, understand, and acknowledge the data practices described in this Privacy Policy.

If you are a California resident, please see Section 7 to understand your rights.  

1. The Types of Personal Information We Collect From You  

Beretta Holding (and the vendors and other parties we use to perform services on our behalf, including, for example, service providers; or other parties who interact with us) collect, receive, and develop information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information”) about you depending on the nature of your interactions with us.  Personal Information that we collect may include the following:

Contact Information and Other Identifiers. For example, if you provide us with your name and email address to receive email updates.

Device, Internet, and Network Activity Information. We may collect information about the browser, device, and operating system you are using, signal strength, device identifiers, MAC address, and your IP address. We might collect your information at the website you came from, or the website you visit when you leave us. We may collect and record page interaction information and other electronic communications and content from your use of the Site (such as content entry, mouse movements, screen captures, the date, time, and location of your visit, what areas of the websites you visit and for how long, what search terms or other data you enter, and what content or links you view and click on), and methods used to browse away from the page. We may engage or otherwise permit other parties to also collect information in these ways.

Location Information. We collect information about your general location using your IP address.

Inferences. Using the other pieces of Personal Information collected about you, we may draw inferences about you, reflecting what we believe to be your preferences, characteristics, predispositions, and attitudes.

Information You Submit. We collect feedback and any other information you provide when you contact us. For example, if you contact us to assist with a technical issue with respect to the Site, you may provide us with your name, business mailing address, business email address, or business phone number so we can communicate with you and provide assistance.

2. How We Use Your Personal Information.

We use the above-referenced categories of Personal Information for the following purposes:

We use information to provide access to the Site. For example, we use your Personal Information in connection with: (i) providing the Site and the content therein; (ii) providing technical assistance; or (iii) otherwise facilitating your relationship with us.  

We use your Personal Information to provide support and to respond to your requests or questions. We use your Personal Information, to the extent required and permitted under applicable law, to contact you in response to your feedback or other matters related to our relationship with you (such as about this Privacy Policy or our Terms and Conditions).

We use your Personal Information to test, develop, analyze, improve, and provide services. For example, we may use your Personal Information to make our websites and services better. We might use your Personal Information to customize your experience with us and to conduct research and analysis.

We use your Personal Information to comply with our obligations, administer the Site and for internal operations. For example, we use your Personal Information to administer the Site, such as troubleshooting, data analysis, and testing. We also use your Personal Information when onboarding and interacting with vendors.

We use your Personal Information for security, safety, compliance, and due diligence purposes. For example, we may use Personal Information to protect our company, properties, affiliates, customers, business partners and their respective personnel. We may also use your Personal Information to protect our websites, apps, or services, as well as to detect and investigate activities that may be fraudulent, or otherwise illegal or prohibited (such as cybersecurity events).

3. How We Collect Your Personal Information.

We and our vendors collect Personal Information about you from various sources, directly and indirectly, including from the following sources:

Directly from you. We collect your Personal Information if you sign up for email updates.

From your devices. We may use tracking tools like browser cookies and web beacons to passively collect information about you. We collect information using these tracking tools when you interact with the Site. This information may include your location, MAC address, signal strength, date/time stamp, device manufacturer and operating system information, and other device identifiers. To learn about your choices for these tracking tools, read Section 5 below.

From vendors we hire to work on our behalf. Vendors that host or maintain the Site for us may give us your Personal Information. Our analytics providers may also provide us with Personal Information.

From combining information. We may combine information we get from another party with information we already have. We may also aggregate your information with other individuals’ information to understand preferences and trends over time.

4. How We Share Your Personal Information

We may share each category of personal information within the Beretta family of companies. This may include our parent, subsidiaries, affiliates, and business units. We may also share your Personal Information with our subsidiaries, affiliates, and business units of our parent company. We share personal information within the Beretta family of companies for all purposes described in this Privacy Policy.

We share your Personal Information with vendors and service providers who perform services on our behalf. We may share your Personal Information with vendors who assist us with the uses of Personal Information described in this Privacy Policy. This may include vendors who send emails for us, help us manage and operate our websites, provide analytics support, investigate and prevent data incidents, and audit our business.

We will share your Personal Information for safety and security purposes, if we think we have to in order to comply with applicable law, or to protect ourselves, our affiliates, and others. We may share any or all of your Personal Information to respond to a valid court order or subpoena. We may also share any or all your Personal Information if a government agency or investigatory body requests it. We might share your Personal Information in order to enforce our agreements and to protect our rights and/or the rights of others. We might share your Personal Information when we are investigating a potential incident or fraud. This might include theft, embezzlement, or other financial crimes we think may have occurred.

We may share your Personal Information as part of a transaction, financing, due diligence or for other business needs. For example, if Beretta Holding sells any of its businesses or assets, we may disclose your Personal Information to the prospective buyer or their representatives, as the case may be, as part of certain due diligence processes. We also share your Personal Information for the purpose of management and administration of Beretta Holding’s business.

We may share your Personal Information with a successor to all or part of our business. If part of our business (including any of our affiliates, divisions, and business units) is acquired or attempted to be acquired by a third party, we may include your Personal Information as part of that transaction, which may include some or all categories of your Personal Information. We may also share your Personal Information if there is a change to our corporate structure. We may also share your Personal Information with others as they conduct diligence of our corporate changes.

We may share Personal Information for other reasons we may describe to you from time to time or as permitted or required by applicable law.

5. Your Choices on How We Use Your Personal Information

You can control certain location and other tracking tools. To control the collection of your precise location on your mobile device, you can adjust the settings on your mobile device, such as by disabling location services and turning off the Bluetooth and Wi-Fi. To learn more about mobile location analytics and certain options with respect to mobile location analytics, visit https://smart-places.org. We may collect Personal Information through cookies and tracking tools. To learn more about the cookies we use and to set your cookie preferences, click on the Cookie Settings link in the footer of the Site. If there is no link available, then follow the instructions outlined below. Your browser may also give you the ability to control cookies or other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies.

We or our vendors may use  tracking tools, such as browser cookies, web beacons, and other technologies. You can also visit www.aboutads.info/choices and https://optout.privacyrights.info/ to opt out of certain uses of cookies for advertising purposes. We may use Google Analytics to better understand how our users interact with our websites and we may use Google Analytics Advertising Features for advertising and marketing purposes. You can learn about Google Analytics’ currently available opt-outs at https://tools.google.com/dlpage/gaoptout/ and manage the information collected through Google Analytics Advertising Features through the settings on the relevant browser or device being used.

Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our site may not work. If you block or reject cookies, not all of the tracking described here will stop.

Options you select and choices you make are browser, website and device specific. If you clear your cookies or your browser’s cache, you will need to set your preferences again.

6. Your California Privacy Rights

If you are a California resident, please note the following regarding how we collect, use, and disclose your personal information as described in this Privacy Policy, including in the previous twelve (12) months:

We may collect, use, and disclose for our business and commercial purposes, categories of Personal Information as set forth in applicable California law, including: identifiers; internet or other electronic network activity information; and location data. See Section 1 and Section 3 above for additional detail.

We collect and use these categories of Personal Information for the business and commercial purposes described in Section 2 of this Privacy Policy.

We collect these categories of Personal Information from the sources described in Section 3 of this Privacy Policy.

We may disclose each of the foregoing categories of Personal Information for the business and commercial purposes described in Section 2 of this Privacy Policy to the extent permitted by applicable law to the categories of parties as described in Section 4 of this Privacy Policy.

We may “sell” or “share” categories of your Personal Information, including: (i) internet or other electronic network activity; and (ii) location data. We may “sell” or “share” these categories of Personal Information to the categories of third parties described in Section 4 of this Privacy Policy for the purposes described in Section 2 of this Privacy Policy.

We keep your Personal Information as long as it is necessary or relevant for the practices described in this Privacy Policy, including, for example, for legal compliance, dispute resolution, contract enforcement, backup, archival, and other internal operations purposes. We also keep your Personal Information as otherwise required by applicable law.

If you are a California resident, you can make the following requests with respect to your Personal Information

• Right to Access/Know – You can request that we disclose to you the categories of Personal Information we collected about you, the categories of sources from which we collected the Personal Information, the categories of Personal Information we sold, shared, or disclosed, our business or commercial purpose for collecting, selling or sharing the Personal Information, the categories of third parties to whom we disclosed the Personal Information, and the specific pieces of Personal Information we collected about you.
• Right to Deletion – You can request that we delete your Personal Information that we maintain about you, subject to certain exceptions.
• Right to Correction – You can request that we correct inaccurate Personal Information that we maintain about you, subject to certain exceptions.
• Right to Limit or Opt Out of the “Sale” or “Sharing” of Your Personal Information – To make a request to opt out of sale or share for cookie-based tracking for behavioral advertising purposes, broadcast an opt-out preference signal recognized such as a Global Privacy Control signal, on browsers or browser extensions that support such a signal. You can also visit www.aboutads.info/choices and https://optout.privacyrights.info to opt out of certain uses of cookies for advertising purposes. Your selections are specific to the device, website, and browser you are using. Your selections are deleted whenever you clear your cookies or browser’s cache. If available on the Site, you may also click the Cookie Settings link in the footer of the website to set your preferences. We do not knowingly sell or share the Personal Information of minors under sixteen (16) years of age.
• Right to Non-Discrimination – Beretta Holding will not discriminate against you because you made any of these requests.

California residents can make these requests by emailing us at beretta@longacresquare.com. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain Personal Information as permitted by applicable law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. Except as otherwise provided by applicable California law, note that for the purposes of these requests under this section, Personal Information does not include information we have collected as a service provider to our clients.

We will take reasonable steps to verify your identity prior to responding to your requests. For example, we may utilize a third-party verification provider to assist with verifying your identity. The verification steps may vary depending on the sensitivity of the Personal Information and whether you have an account with us.

California residents may designate an authorized agent to make a request on their behalf. When submitting the request, please ensure the authorized agent is identified as an authorized agent.

If you reside in California, you also have the right to ask us one time each year if we have disclosed personal information to third parties for their direct marketing purposes. To make a request, please send us an email at the address listed in the Contact Us Section below. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.

7. We May Process and Store Information in the United States or other locations

Information we collect from you may be transferred to, processed in, or stored in the United States or another destination outside your jurisdiction of residence. Information may be processed by personnel operating in these locations who work for us or one of our affiliates. As a result, this information may be subject to access by and disclosure to government and law enforcement agencies in those countries according to their laws. The standard of data protection in the United States and in certain other countries where we may process your information may be considered by the European Commission and the UK government to be not adequate when compared to the data protection standards of the EU, EEA and the United Kingdom. By using our websites, apps, and services or submitting your Personal information, you consent to such transfer, storing and processing.

8. This Site is Not Intended for Children

This Site is meant for adults. We do not knowingly collect Personal Information from children under the age of eighteen (18). If you are a parent or legal guardian and think your child has given us Personal Information, please contact us at beretta@longacresquare.com.

9. We Use Standard Security Measures

The Internet is not one hundred percent (100%) secure. We cannot promise that your use of this Site will be completely safe. Any transmission of your data to this Site is at your own risk. We encourage you to use caution when using the Internet. We keep your Personal Information as long as it is necessary, required or relevant for the practices described in this Privacy Policy, including, for example, for legal compliance, dispute resolution, contract enforcement, backup, archival, and other internal operations purposes. We also keep information as otherwise required by law. Your Personal Information may be accessed by persons within our organization, or our vendors, and those other parties described in this Privacy Policy, including those who require such access to carry out the purposes described in this Privacy Policy, and such other purposes as permitted or required by applicable law.

10. We May Link to Third-Party Sites or Services We Do Not Control  

If you click on a link to a third-party site, you will be taken to a website or service we do not control. This Privacy Policy does not apply to the privacy practices of that website or services, which may collect information from you. Please read the privacy policy of such other websites, apps, and services carefully. We are not responsible for these third-party websites, apps, and services or their policies.

11. How to Contact Us

If you have any questions or complaints about this Privacy Policy or your Personal Information, please email us at beretta@longacresquare.com.

12. We May Update this Privacy Policy

From time to time we may change this Privacy Policy. We will notify you of any material changes to our Privacy Policy to the extent required by applicable law. We will post an updated copy on our websites. Please check our websites periodically for updates. Your continued use of this Site means that you consent to the collection, use and disclosure of your Personal Information as described in the updated version of our Privacy Policy.

Last Updated: February 23, 2026‍

BY ACCESSING OR USING THE SITE, YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.‍

The following Terms and Conditions (the “Terms”) govern your use of this website (the “Site”) which is sponsored by Beretta Holding S.A. (“Beretta Holding,” “we,” “us,” or “our”).

We are committed to making the Site accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of the Site, please Contact Us.

Nothing on this Site is intended to be, nor should it be construed or used as, investment, tax, legal or financial advice, a recommendation whether or how to vote any proxy or any other kind of recommendation, an opinion of the appropriateness of any security or investment, or an offer, or the solicitation of any offer, to buy or sell any security or investment. Beretta Holding is not soliciting any action based upon the Site and are not responsible for any decision by any stockholder, and the Site should not be construed as a solicitation to procure, withhold or revoke any proxy.‍

USE OF SITE‍

If you are accessing the Site, you hereby certify that you are (i) over the age of eighteen (18) or the age a majority in the jurisdiction where you reside; and (ii) have the legal capacity to enter into contracts. ‍

SITE IMPROVEMENTS‍

We may make improvements and/or changes to the Site, add new features, or terminate the Site at any time without notice. We also: (i) do not warrant that information on the Site (including without limitation Service descriptions) is accurate, complete, reliable, current or error-free; and (ii) reserve the right to modify, cancel, or terminate the Site for any other reason in our sole discretion. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. ‍

OUR INTELLECTUAL PROPERTY RIGHTS‍

All Beretta Holding names, logos, text, designs, graphics, trade dress, images, photographs and other content appearing in or on the Site (collectively, the “Content”) are protected intellectual property of, or used with permission or under license by Beretta Holding. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of the Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Site, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Site. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Site is strictly prohibited.

Subject to your compliance with these Terms, we grant you a limited license to access and use the Site and access the Content for the limited purposes of viewing such Content. No Content from the Site may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing, subject to your compliance with these Terms and retain the same solely for as long as you continue to be permitted to access the Site. To use Content under such an exception, you must (i) keep any copyright, trademark, or other proprietary notices intact, (ii) use such Content pursuant to any licenses associated with such Content, (iii) not copy or post such Content on any networked computer or broadcast it in any media, (iv) make no modifications to any such Content, and (v) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Site or the Content.‍

OTHERS RIGHTS‍

Content on the Site may include trademarks, service marks, logos, and other indicia, (collectively the “Trademarks”), and are registered and unregistered trademarks of third-parties. Nothing contained on the Site should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of such third party as may be appropriate. Your misuse of any of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. ‍

COMPANY CONTENT

THE SITE INCLUDES NEWS AND INFORMATION, COMMENTARY, AND OTHER CONTENT RELATING TO STURM, RUGER & COMPANY, INC. (THE “COMPANY”), INCLUDING BY PERSONS OR COMPANIES THAT ARE NOT AFFILIATED WITH BERETTA HOLDING (“THIRD PARTY CONTENT”). THE AUTHOR AND SOURCE OF ALL THIRD-PARTY CONTENT AND DATE OF PUBLICATION IS CLEARLY AND PROMINENTLY IDENTIFIED. THIRD PARTY CONTENT IS AVAILABLE THROUGH FRAMED AREAS, THROUGH HYPERLINKS TO THIRD PARTY WEB SITES, OR IS SIMPLY PUBLISHED ON THE SITE. BERETTA HOLDING AND THEIR AFFILIATES HAVE NOT BEEN INVOLVED IN THE PREPARATION, ADOPTION OR EDITING OF THIRD-PARTY CONTENT AND DO NOT EXPLICITLY OR IMPLICITLY ENDORSE OR APPROVE SUCH CONTENT. THE PURPOSE OF MAKING THE THIRD-PARTY CONTENT AVAILABLE IS TO PROVIDE RELEVANT INFORMATION TO STOCKHOLDERS OF THE COMPANY IN CONNECTION WITH THE MANAGEMENT AND AFFAIRS OF THE COMPANY IN GENERAL.

THIRD-PARTY LINKS

We may provide on the Site, solely as a convenience to users, links to websites operated by other entities. If you click these links, you will leave our Site. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Site or the information appearing thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any of our trademarks, logos or copyright symbols.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

YOUR AUTHORIZED USE OF THE SITE

• Share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
• Transmit through the Site any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
• Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
• Violate, or attempt to violate, the security of the Site;
• Disseminate on the Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Site;
• Build a competitive product or service using the Site, build a product or service using similar ideas, features, functions, or graphics as the Site or determine whether the Site are within the scope of any patent;
• Interfere in any manner with the operation or hosting of the Site or monitor the availability, performance, or functionality of the Site;
• Deep link to the Site for any purpose or frame the Site, place pop-up windows over any content, or otherwise affect the display of the Site;
• Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site or to collect any information from the Site or any other user of the Site; or
• Assist or permit any third-parties in violating these Terms or other applicable laws or rules governing the use of the Site.

FEEDBACK SUBMITTED BY YOU

While using the Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Site or any other party’s use of the Site. In addition, we expect users of the Site to respect the rights and dignity of others. For example, you may not do any of the following without our written consent:

PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other user content to us, you agree that: (i) we are free to use such user content for any purpose, (ii) such user content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep user content confidential unless explicitly stated.

UPDATES TO THESE TERMS

We may revise or otherwise change or update these Terms from time to time. Please check the “Last Updated” date at the top of this page to see when these Terms was last revised. When changes are made to these Terms they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review these Terms―there may have been changes to our policies that may affect you. If you do not agree to these Terms as modified, then you must discontinue your use of our Site. Your continued use of the Site will signify your continued agreement to these Terms as revised. We will make reasonable efforts to notify you of material changes to these Terms. Such efforts might include posting notice on the Site or an email to the address we have on file.

We may assign these Terms at any time with or without notice to you. You may not assign or sublicense these Terms or any of your rights or obligations under these Terms without our prior written consent.

PRIVACY PRACTICES

To learn about our privacy practices, please refer to our Privacy Policy.

IMPORTANT LEGAL TERMS

Children

Our Site is not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under eighteen (18). YOU MUST BE AT LEAST 18 TO ACCESS AND USE THE SITE.. If you are not old enough to access the Site you should not attempt to do so.

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON THE SITE, OR ANY OTHER SITES LINKED TO OR FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS'' AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.‍

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OR THE INABILITY TO USE THE SITE, THE SITE’S CONTENT, OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER VIRUS OR FAILURE, ACCIDENTS OR ILLNESS, OR PROPERTY LOSS.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF $100.00 OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend and hold us, the Releasees, and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with the Site. 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 with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Consent to Communication

When you use the Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by providing us with your email address, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Severability

If any provision of these Terms is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of these Terms will be enforceable.

DISPUTES, ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

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. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in JAMS before one arbitrator or submitted to small claims court in the state of Delaware. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Reasonable discovery will be allowed during arbitration in accordance applicable rules. Any arbitration arising out of or related to these Terms shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules.

No Class Actions: EXCEPT FOR COORDINATED CLAIMS (AS DEFINED BELOW) AND AS LIMITED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS OR ARBITRATION UNDER THESE TERMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.  Further, except for Coordinated Claims (defined below), unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice must be addressed to: 9 rue Ste Zithe, 2763 Luxembourg, LUXEMBOURG. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater (“Award”).

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective and the remainder of these Terms shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Coordinated Proceedings: If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel for shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. Counsel for the individuals in the Test Cases will use reasonable efforts to keep the individuals who are not participating in the Test Cases informed regarding the contents, deliberations, and potential outcomes of the Test Cases, subject to reasonable confidentiality restrictions. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to US $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

Governing Law and Rules: These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the state of Delaware, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.

Severance of Arbitration Agreement: If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from these Terms. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.

CONTACTING US

If you have questions about these Terms, or if you have technical questions about the operation of the Site, please contact us at beretta@longacresquare.com.

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