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Privacy Notice, Cookie Policy, and Terms of Use

Privacy Notice

Effective Date: January 1, 2025
Last Reviewed/Updated: May 15, 2026

This Privacy Notice describes how Platinum Equity, LLC (“we”, “us”, “our”) collects, uses and discloses information about you when you use the website https://tomgores.com, applications, services, tools and features, or otherwise interact with us (collectively, the “Services”).  For the purposes of this Privacy Notice, “you” and “your” means you as the user of the Services.

Please read this Privacy Notice carefully.  By using any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Notice.  If you do not understand or agree to this Privacy Notice, please do not use or access the Services.

1. CHANGES TO THIS PRIVACY NOTICE

We may modify this Privacy Notice from time to time, in which case we will update the “Last Updated” date at the top of this Privacy Notice. If we make material changes to how we use or disclose information we collect, we will use reasonable efforts to notify you (such as by emailing you at the last email address you provided us, by posting notice of such changes on the Services or by other means consistent with applicable law) and will take additional steps as required by applicable law. If you do not agree to any updates to this Privacy Notice, please do not continue using or accessing the Services.

2. COLLECTION AND USE OF INFORMATION

When you use or access the Services, we collect certain categories of information about you from a variety of sources. In addition to the specific uses discussed below, we may use this information to provide and improve the Services and to maintain our business relationship, including by enhancing the safety and security of our Services, providing customer support, complying with applicable legal obligations, enforcing any applicable terms of service, and protecting our rights and the rights of our employees, users or other individuals.

Information Collected Automatically

We and third parties may also use cookies, pixels or other tracking technologies to automatically collect certain information about your interactions with the Services. This information is collected and used to tailor your experience with the Services, provide you with offers or promotions, run analytics, better understand user interactions with the Services, etc. Such information includes:

  • Device information, such as device type, operating system, unique device identifier, and internet protocol (IP) address.
  • Other information regarding your interaction with the Services, such as browser type, log data, date and time stamps, and clickstream data.

Most browsers accept cookies automatically, but you may be able to control the way in which your devices permit the use of cookies. If you so choose, you may block or delete certain of our cookies from your browser; however, blocking or deleting cookies may cause some of the Services, including general functionality, to work incorrectly.

Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our website is not designed to respond to “Do Not Track” signals received from browsers.

3. DISCLOSURE OF YOUR INFORMATION

We may disclose your information for legitimate purposes subject to this Privacy Notice, including the following categories of third parties:

  • Our affiliates or others within our corporate group, as a matter of our legitimate interests to efficiently provide the Services.
  • Professional advisors, such as auditors, law firms, or accounting firms.
  • Third parties in connection with or in anticipation of any business transactions.

We may also disclose your information as needed to comply with applicable law or any obligations thereunder or to cooperate with law enforcement, judicial orders, and regulatory inquiries, to enforce any applicable terms of service, and to ensure the safety and security of our business, employees, and users.

4. SOCIAL FEATURES

Certain features of the Services allow you to initiate interactions between the Services and third-party services or platforms, such as social networks (“Social Features”). Social Features may include features that allow you to access our pages on third-party platforms, and from there to “like” or “share” our content. Use of Social Features may allow a third party to collect and/or use your information. If you use Social Features, information you post or make accessible may be publicly displayed by the third-party service. Both we and the third party may have access to information about you and your use of both the Services and the third-party service. For more information, see the section below, Third-Party Websites and Links.

5. THIRD-PARTY WEBSITES AND LINKS

We may provide links to third-party websites or platforms. If you follow links to sites or platforms that we do not control and are not affiliated with us, you should review the applicable privacy notice, policies and other terms. We are not responsible for the privacy or security of, or information found on, these sites or platforms. Information you provide on public or semi-public venues, such as third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators.

6. CHILDREN’S PRIVACY

Our Services are not intended for children, and we do not seek or knowingly collect any personal information about children. If we become aware that we have unknowingly collected information about a child, in particular any child under 13 years of age, we will make commercially reasonable efforts to delete such information from our database. If you are the parent or guardian of a child under 13 years of age who has provided us with their personal information, you may contact us using the information below to request that it be deleted.

7. DATA SECURITY

Despite our reasonable efforts to protect your information, no security measures are impenetrable, and we cannot guarantee “perfect security.” Any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure while in transit. We recommend that you do not use unsecure channels to send us sensitive or confidential information.

8. DATA TRANSFERS

We are based in the United States. If you are using the Services from outside the United States, please be aware that the information we collect from you may be transferred to, stored and processed in the United States or other countries outside your country of residence.

9. PRIVACY RIGHTS

Depending on where you live, you may have certain rights in relation to your personal information.

To make a request described in this Section, please contact us at the email address listed below.

10. HOW TO CONTACT US

Should you have any questions about our privacy practices or this Privacy Notice, please email us at privacy@platinumequity.com or contact us at 360 N. Crescent Drive, Beverly Hills, CA 90210.

Effective Date: January 1, 2025
Last Reviewed/Updated: May 14, 2026

Platinum Equity, LLC and certain third parties, use cookies and other similar tracking technologies when you use our website.

What are cookies?

Cookies are small text files that are placed on your computer or device when you access or visit a website. We, like most other websites, use cookies to enhance your experience and improve our website. We use cookies to monitor traffic on our website.

We may place and access cookies and similar technologies on your computer or device, which are known as “first party cookies”.

What are beacons?

We also use “web beacons” (also known as web bugs, pixel tags, or clear GIFs) which are small graphics with a unique identifier, for example to deliver or communicate with cookies, to track and measure performance of our website, monitor the effectiveness of our advertising and to monitor the number of visitors which view our website. Unlike cookies, web beacons typically are embedded on web pages (or in an email) and may not be visible.

We also use Google Analytics that is used for web analytics. This allows for tracking page views, sessions, user behavior, and conversion data. Google Analytics uses JavaScript and cookies to collect extensive site data for reporting and optimization.

Types of cookies

We use performance cookies, that are cookies which collect information about how and when you and other visitors use our website, such as which pages are visited most frequently. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.

The cookies described above may be stored for different periods of time on your computer or device depending on whether they are session cookies or persistent cookies. Some cookies are deleted when you close your web browser or leave the website, which are known as “session cookies” as they are only stored on your computer or device for that visit. “Persistent cookies” are stored on your computer or device for a period of time after you close your browser or leave the website.

Cookies Settings

You can delete cookies using your web browser and/or device settings. You can also change your browser settings to stop cookies from being placed on your computer or device.

Please follow the links below to helpful information for the most popular browsers:

List of Beacons Used

DomainTypeDescriptionDuration
google-analytics.comXHRAnalytics: Reports analytics events to Google Analytics Google Analytics is a web analytics tool that helps us understand how users engage with our Services. Like many providers, Google Analytics tracks user interactions on websites. This information is used to compile reports and to help us improve our Services. The reports disclose trends on our Services without identifying individual visitors. For more information on Google Analytics, see here. You can opt out of Google Analytics without affecting how you engage with our Services – for more information on opting out from Google Analytics tracking across all Services you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.Session

List of Cookies Used

Please see below information regarding the cookies used on our website:

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Performance Cookies

Cookies SubgroupCookiesCookies UsedDescriptionDuration
tomgores.com__ga_xxxxxxxxxxFirst PartyThis cookie is used by Google Analytics to persist session state.1 year
tomgores.com_gaFirst PartyThis cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. It is included in each page request in a site and used to calculate visitor, session and campaign data for the site’s analytics reports.1 year 1 month

Changes

We may change this policy from time to time, in which case we will update the “Last Updated” date at the top of this cookies policy. If we make any material changes to the way we use cookies and other similar tracking technologies, we will use reasonable efforts to notify you and will take additional steps as required by applicable law.

Terms of Use

Acceptance of these Terms of Use

Effective Date: January 1, 2025
Last Reviewed/Updated: May 15, 2026

Welcome to the Terms of Service (these “Terms”) for the website, https://tomgores.com (the “Website”), operated by Platinum Equity, LLC (the “Company”, “we” or “us”). The Website and any content, tools, features and functionality offered on or through our Website are collectively referred to as the “Services”.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

SECTION 7 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY’S SERVICES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 7.

1. WHO MAY USE THE SERVICES

You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. By using the Services, you represent and warrant that you meet these requirements.

2. LOCATION OF OUR PRIVACY NOTICE

2.1 Privacy Notice. Our Privacy Notice describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Notice located at Privacy Notice – Tom Gores.

3. RIGHTS WE GRANT YOU

3.1 Right to Use Services. We hereby permit you to use the Services for your personal non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that the Company, in its sole discretion, may elect to take.

3.2 Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

  1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
  2. duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
  3. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
  4. use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
  5. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
  6. access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
  7. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, or the computer systems or networks connected to the Services;
  8. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
  9. use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
  10. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
  11. use the Services in a manner that is obscene, excessively violent, harassing, hateful, cruel, abusive, pornographic, inciting, organizing, promoting or facilitating violence or criminal activities;
  12. violate any applicable law or regulation in connection with your access to or use of the Services; or
  13. access or use the Services in any way not expressly permitted by these Terms.

4. OWNERSHIP AND CONTENT

4.1 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company, its affiliates, and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content including, without limitation, the exclusive right to create derivative works.

4.2 Ownership of Trademarks. The Company’s name, the Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

4.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

5. THIRD PARTY SERVICES AND MATERIALS

5.1 Use of Third-Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

6. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

6.1 Disclaimers.

  1. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (iii) the operation or compatibility with any other application or any particular system or device; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
  2. THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SERVICES.

6.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6.3 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; or (d) your negligence or wilful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

7. ARBITRATION AND CLASS ACTION WAIVER

7.1 PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. YOU AND THE COMPANY AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.

7.2 Informal Process First. You and the Company agree that before either party commences arbitration against the other (or initiates an action in small claims court pursuant to Section 7.4(a)), you and the Company will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any applicable dispute, controversy, or claim between the parties (“Informal Dispute Resolution”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference. The party initiating a dispute must give notice to the other party in writing of its intent to initiate Informal Dispute Resolution (“Notice”), which shall describe the nature and basis of the claim or disputes and the specific relief sought. If you intend to seek Informal Dispute Resolution, you must send the Notice to the Company by certified mail to the following address: 360 N. Crescent Drive, Beverly Hills, CA 90210. The Informal Dispute Resolution conference shall occur within sixty (60) days after the notified party receives such Notice (the “Informal Dispute Resolution Period”), unless an extension is mutually agreed upon by the parties in writing. If, after a good-faith effort to negotiate, you and the Company cannot reach an agreement to resolve the Claim (as defined below) by the time the Informal Dispute Resolution Period has lapsed, either party may commence arbitration (or initiate an action in small claims court pursuant to Section 7.4(a)). The statute of limitations and any filing fee deadlines for a Claim are tolled during the Informal Dispute Resolution Period. A party may not commence arbitration (or initiate an action in small claims court pursuant to Section 7.4(a)) before the end of the Informal Dispute Resolution Period.

7.3 Arbitration Agreement and Class Action Waiver. After the Informal Dispute Resolution process, any remaining dispute, controversy, or claim relating in any way to these Terms, the Privacy Notice, or the Company’s services and/or products, including the Services, and any use or access or lack of access thereto (each, a “Claim”), will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”). The JAMS Rules are deemed to be incorporated by reference into this section as of the date of these Terms. Because your contract with the Company, these Terms, and this arbitration agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. For Claims seeking less than $10,000, the arbitrator may decide the matter solely on written submissions unless the arbitrator determines a hearing is necessary. Judgment on the arbitration award may be entered in any court that has jurisdiction. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury, except as provided for in Section 7.4.

You and the Company agree that if either party files a Claim in a court in a manner that breaches the requirements of this Section 7 (e.g., because it is a type of Claim that is required by these Terms to be resolved through arbitration, failing to participate in Informal Dispute Resolution in good faith, etc.), then the other party may seek appropriate relief, including to enjoin the filing and to recover fees and costs incurred as a foreseeable consequence of that breach.

7.4 Exceptions. Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction:

  1. disputes or Claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
  2. disputes or Claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
  3. intellectual property disputes.

7.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).

Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your Claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. You further agree that if your arbitration Claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow JAMS to establish efficient and fair adjudication procedures. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by the Company before the arbitrator was appointed, the Company will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

7.6 Virtual Arbitration. Hearings, if any, will be conducted by video or telephone unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Los Angeles, California, unless the arbitrator determines this would impose a hardship on you, in which case it may be conducted in your county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable JAMS Rules.

7.7 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to privacy@platinumequity.com or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies.  You may not opt out of only the class action waiver and not also the arbitration provisions.  If you opt-out of these arbitration provisions, the Company also will not be bound by them.

7.8 WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and the Company AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and the Company EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and the Company agree that THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN), AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the exceptions set forth in Section 7.4 above.

IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

8. ADDITIONAL PROVISIONS

8.1 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

8.2 Termination of License. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.

8.3 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

8.4 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

8.5 Miscellaneous. These Terms constitutes the entire agreement between the parties with respect to the subject matter hereof and your use of the Services, and supersedes all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 7, or if arbitration does not apply, then the state and federal courts located in the State of Delaware.

8.5 How to Contact Us.  You may contact us regarding the Services or these Terms by e-mail at privacy@platinumequity.com or mailing us at 360 N. Crescent Drive, Beverly Hills, CA 90210.