Terms of use

Web Site Legal Terms - Epiq Systems, Inc.

Welcome to the Epiq Systems, Inc. (together with its subsidiaries and affiliates, "Epiq") web site (the "Web Site"). Please review the following terms and conditions concerning your use of and access to this Web Site. By accessing or using this Web Site, including to download any materials from this Web Site, you agree to follow and be bound by these Terms of Use (the "Terms"). If you do not agree with these Terms, do not use this Web Site.

General Use Provisions

All materials provided and available on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Epiq or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Epiq and/or its Third Party Providers. Except as expressly stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Epiq or the Third Party Provider.

You may not "mirror" any Materials contained on this Web Site on any other server without Epiq's prior express written permission. You may not access or use this Web Site or any Materials in any manner that could damage, disable, overburden, or impair any Epiq server, or the network(s) or system(s) connected to any Epiq server, or interfere with any other party's use and enjoyment of this Web Site or any products or services provided by Epiq. Any use of direct or indirect automated searches or data queries with respect to this Web Site or the Materials is strictly prohibited without Epiq’s prior written consent. You may not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any Epiq server or network or to this Web Site or any of the Materials, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Materials or information through any means not intentionally and publicly made available through this Web Site.

Except where expressly provided otherwise by Epiq, nothing on this Web Site shall be construed to confer any license under any of Epiq's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Epiq. Epiq does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Epiq.

Epiq hereby grants you permission to display, copy, distribute and download Epiq's Materials that are publicly available on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear without modification in the Materials; (2) the use of such Materials is solely for non-commercial, internal business purposes and informational use only, and unless specifically agreed to in writing by Epiq, and will not be copied, saved, posted or otherwise displayed on any networked computer, broadcast in any media, resold or sublicensed, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Forward-looking Statements & Risk Factors

This Web Site may contain forward-looking statements that involve risks, uncertainties and assumptions. If any of these risks or uncertainties materializes or any of these assumptions proves incorrect, the results of Epiq could differ materially from those expressed or implied by these forward-looking statements. You should review Epiq's filings with the SEC for a more comprehensive discussion of these uncertainties and other risk factors related to the company.

Epiq assumes no obligation and does not intend to update these forward-looking statements.

Links to Third Party Sites

This Web Site contains links to web sites controlled by parties other than Epiq. Any links on this Web Site to third party web sites does not imply that Epiq endorses or accepts responsibility for the content or use of the third party web site, and such links are provided for informational purposes only. Epiq does not guarantee the content, sequence, accuracy or completeness of any information or data displayed on any third party web site. Epiq shall not be liable in any way to the reader or any other person, firm or corporation whatsoever for any delays, inaccuracies, errors in or omissions of any information or data or the transmission thereof.

The use of a third party web site may be subject to "Terms of Use", "Disclaimers" or similar legal conditions which can be substantially different from those associated with this Web Site. When using third party web sites, you should familiarize yourself with the terms, conditions and policies implicated by the use of that site.

It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

Submissions

Except where expressly provided otherwise by Epiq, all comments, feedback, information or materials submitted to Epiq through or in association with this Web Site ("Submissions") shall be considered non-confidential and Epiq's property. By providing such Submissions to Epiq, you agree to assign to Epiq, effective immediately upon such submission, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions and represent and warrant that you have all necessary ownership rights, consents and authority to assign all such rights, title and interest to Epiq. Epiq shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Epiq, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY EPIQ, THE MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND EPIQ HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. EPIQ MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THIS WEB SITE.

Limitation of Liability

EPIQ AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (THE “EPIQ PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR ACCESS OR USE OF THIS WEB SITE OR ACCESSING, USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL THE EPIQ PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OF, PERFORMANCE OF, OR INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF ANY EPIQ PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND/OR MATERIALS AND YOU WILL NOT MAKE A CLAIM AGAINST ANY EPIQ PARTY FOR LOST OR CORRUPTED DATA OR SYSTEMS, LOSS OF GOODWILL, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE WEB SITE OR MATERIALS. YOU AGREE TO HOLD THE EPIQ PARTIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE EPIQ FOR, ANY CLAIMS AND THREATENED CLAIMS ARISIGN OUT OF OR RELATED TO ALL ACCESS AND USE OF THIS WEB SITE AND/OR THE MATERIALS IN ANY MANNER.

List of Analysts/Analyst Coverage

Epiq is followed by certain analysts mentioned on this Web Site. Please note that any opinions, estimates or forecasts regarding Epiq's performance made by these analysts are theirs alone and do not represent opinions, forecasts or predictions of any Epiq Party. Epiq does not by its reference to any analysts imply its endorsement of or concurrence with their information, conclusions or recommendations. Information provided by analysts is subject to change, and Epiq cannot guarantee its accuracy.

General

This Web Site may include inaccuracies or typographical errors. Epiq and the Third Party Providers may make improvements and/or changes in the products, information, services, Materials, programs, and prices described or set forth in or on this Web Site at any time without notice. Epiq may periodically make changes to this Web Site. Any action related to these Terms will be governed by Kansas law and controlling U.S. Federal law, and the venue for any such action shall be the state and Federal courts located in Kansas. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the access and/or use of the Web Site including any Materials and prevail over any prior or contemporaneous, conflicting or additional, agreements or communications. Epiq retains the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Epiq.

Intellectual Property Notices

Elements of the Web Site and Materials are protected by copyright, trade dress, intellectual property and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site or any Materials may be copied or retransmitted unless expressly permitted by Epiq. Any permissible use of Epiq’s Materials, logos, graphics, sounds or images found on this Web Site must include the copyright notice identified below without any modification.

Epiq, the Epiq logo, any other protected mark or logo on this Web Site or Materials, and/or other Epiq products referenced herein are trademarks and service marks of Epiq Systems, Inc. and its affiliated companies, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

Copyright © 2018 Epiq Systems, Inc.. All rights reserved.

Legal Contact Information

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the Epiq Systems Legal Department at (913) 621-9500 or by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it..

The Claims Administrator is committed to maintaining the privacy of your personal information. With respect to the collection, use and disclosure of personal information, the Claims Administrator makes every effort to ensure compliance with applicable law, including, but not limited to, the Data Protection Act, 1998, the U.S. Privacy Act of 1974, the U.S. Paperwork Reduction Act of 1995, the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks and internal information quality guidelines. In connection with the claims administration process, you may be asked to provide certain information, including, but not limited to, name, postal address, telephone number and transactional account data. The information collected will be used solely for the purposes of the Settlement and the claims administration process, as governed by the Court.

Contact Us

• Call Us:

  229-210-2727 or
  800-948-8029

• Hours:

  Monday - Friday
  8:00AM to 6:00PM EDT

• Write To Us:

  (for Inquiries about the Settlement or to Submit a Claim by Mail)

  Rossi Revolver Settlement
  100 Taurus Way
  Bainbridge, GA 39817

Submit a Claim - Claim Instructions

Important Documents

• Complaint
• Settlement Agreement with Exhibits
• Preliminary Approval of Settlement and Notice Order
• Motion for Approval of Attorneys' Fees and Incentive Award and Exhibits
• Short Form Notice
• Long Form Notice
• Opt-Out Form
• Claim Form
• Final Approval Order

Frequently Asked Questions

• 1. Why did I receive a notice directing me to this website?

  The Court authorized the Notice because you have a right to know about the Settlement in this class action lawsuit.

  Judge Edwin G. Torres of the United States District Court for the Southern District of Florida is overseeing this case. The case is known as Burrow, et al. v. Forjas Taurus S.A., et al., Case No. 1:16-cv-21606-EGT. The persons who sued are called the Plaintiffs. Forjas Taurus, S.A., and BrazTech International L.C. are called the “Defendants” or “Rossi”.

  To view a copy of the Notice, click here.

• 2. What is this Lawsuit about?

  The lawsuit claims that certain Rossi brand revolvers are defective in that they may accidentally fire when dropped. The lawsuit seeks damages, injunctive relief, and other relief against Defendants in connection with alleged defects in the design and manufacturing of the Class Revolvers (as defined below). Plaintiffs sought damages and equitable relief in this case on behalf of themselves and members of a proposed class, premised on alleged economic losses, and did not seek to recover for any member of the proposed class any relief in respect of personal-injury or property-damage claims.

  Defendants vigorously deny that Plaintiffs can prove the claims asserted in the lawsuit and therefore deny all allegations of wrongdoing and liability alleged in the lawsuit or otherwise.

  The Court has not decided who is right, but the Plaintiffs and the Defendants have agreed to settle.

• 3. Why is this a Class Action?

  In a class action, one or more people called “Class Representatives” sue on behalf of all people who have similar claims. All of these people together are the “Class” or “Class Members.” In this case, the Class Representatives are William Burrow, Oma Louise Burrow, and Ernest D. Bedwell.

• 4. Why is there a Settlement?

  By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation. The Class Representatives and their attorneys believe the Settlement is fair, reasonable, and adequate and, thus, best for the Class and its members. The Settlement does not mean that the Defendants did anything wrong.

• 5. How do I know if I am included in the Settlement?

  The Class includes all individuals in the United States, including its territories and possessions, who owned one or more Class Revolver(s) on March 15, 2019.

  Excluded from the Settlement Class are:(w) all state, local, or federal bodies or agencies, etc., or Persons in an official capacity; (x) the District Judge and Magistrate Judge to whom the Action is assigned and any appellate judge assigned to any appeal in the Action, together with any member of their staffs and immediate families; (y) any Successful Opt-Out, and (z) any other Person who has been recognized by Order of the Court as excluded from the Settlement Class for any reason.

• 6. What are the “Class Revolvers?”

  “Class Revolvers” means Rossi brand .38 Special and .357 Revolvers manufactured by Forjas Taurus during the Class Period, as indicated by the serial number stamped on the frame of the revolvers beginning with the letters Y, Z, A, B, C, D, E, F, G, H, I, J, or K.

• 7. What if I am not sure whether I am included in the Settlement?

  If you are not sure whether you are included in the Settlement, you can find more information in the Settlement Agreement or call 1-888-724-0242. You may also write with questions to Rossi Settlement Administrator, P.O. Box 3230, Portland, OR 97208-3230.

• 8. What does the Settlement provide?

  The Settlement provides the following:

  • The Early Warning Program providing advanced notice of the potential existence of a safety issue with the Class Revolvers;
  • The Enhanced Warranty, including inspection and, if needed, repair, certification and cleaning of a Class Revolver (with related shipping costs paid by the Defendants); and
  • The Inconvenience Payment, provided the Settlement Class Member files a valid Claim Form.

• 9. What is the Early Warning Program?

  Early Warning Program. On September 17, 2018, Rossi launched the Early Warning Program designed and intended to make current and future owners of Class Revolvers aware of the potential dangers and to inform them that the Class Revolvers should not be used or carried until they have been inspected and/or repaired.

  Any Settlement Class Member who submitted a Class Revolver for service to the Defendants in response to the Early Warning Program is entitled to the same Settlement Benefits as all other Settlement Class Members and is entitled to file a Claim for an Inconvenience Payment.

• 10. What is the Enhanced Warranty?

  Enhanced Warranty
  The Settlement extends an Enhanced Warranty to all owners of Class Revolvers over and above the existing warranty available to owners of Rossi revolvers manufactured by Forjas Taurus.

  The terms of the Enhanced Warranty are as follows:

  • Owners of a Class Revolver will be allowed to submit a Class Revolver once to Braztech (as warranty service provider in the United States for the Defendants) for an inspection to determine whether the Class Revolver can be serviced or repaired to eliminate the alleged defects;
  • Based on Braztech’s inspection, parts will be replaced or repaired as necessary;
  • If a Class Revolver is then deemed safe, Braztech will certify and clean the Class Revolver and, then return it to its owner.
  • If a Class Revolver cannot be made safe through repair and must be replaced, Braztech will provide a replacement Taurus-brand revolver of similar caliber and barrel length.

  As part of this Enhanced Warranty, Defendants will pay all reasonable and customary costs associated with the Enhanced Warranty Service, including the cost of shipping to and from Braztech by its preferred shipping carrier under contract with Braztech for the one-time special inspection, as well as the cost of any parts needed for any necessary repairs and labor. If a replacement Taurus-brand revolver is provided, Defendants will pay all reasonable and customary costs of shipping for delivery.

  The benefit of this Enhanced Warranty will be available one time per Class Revolver as identified by serial number. An owner of multiple Class Revolvers may enjoy the benefits of this Enhanced Warranty once for each Class Revolver he, she, or it owns.

  This Enhanced Warranty is NOT limited in duration to the Claim Period, in that an owner may submit a Class Revolver for the Enhanced Warranty Service at any time, regardless of whether the Class Revolver exhibits any signs of defect. Owners of Class Revolvers may also submit their revolvers for this Enhanced Warranty in conjunction with another service request under the existing warranty or otherwise. Owners of Class Revolvers who may acquire them after the Opt-Out and Objection Deadline may still enjoy the benefits of this Enhanced Warranty, even though such owners may not be Settlement Class Members themselves, as long as no prior owner has received the Enhanced Warranty Service for that Class Revolver.

  To participate in the Enhanced Warranty please click here to file a claim.

• 11. WWhere do I send my revolver for the Enhanced Warranty Service?

  To participate in the Enhanced Warranty please click here to file a claim. Once you file your claim you will be eligible for the "Enhanced Warranty" and will receive a box, a shipping label, and instructions to send in the Class Revolvers for inspection, repair if necessary, certification, and cleaning, all free of charge (including shipping, labor, and parts). Additionally, once you have shipped your Revolver under the Enhanced Warranty you will receive a $50 cash Inconvenience Payment.

  ---

  DO NOT SEND YOUR REVOLVER TO THE SETTLEMENT ADMINISTATOR OR ANY OTHER ADDRESS LISTED ON THIS WEBSITE OR THE NOTICE.

  ---

• 12. What is the Inconvenience Payment?

  Inconvenience Payment. The “Inconvenience Payment” means cash compensation in the amount of $50.00 per Class Revolver owned by a Class Member. In order to qualify for an Inconvenience Payment you must file a valid Claim Form and send in your Class Revolver for inspection and/or repair under the Enhanced Warranty.

  Please click here to file your claim and begin this process.

• 13. How do I get benefits?

  The Claims Period is now open. The Claims Period will run from October 22, 2019 to October 22, 2020. There is no deadline to participate in the Enhanced Warranty. In order to be eligible to receive an Inconvenience Payment, you must also have sent in your Class Revolver for inspection and repair under the Enhanced Warranty. You can file your Claim Form online, or you can print out a Claim Form from this website or get one by calling 1-888-724-0242 and mail your claim to the Claims Administrator to the address below. Claim Form must be postmarked or submitted online no later than the Claims Deadline.

  Rossi Revolver Settlement Administrator
  P.O. Box 3230
  Portland, OR 97208-3230

• 14. Do I have a lawyer in this case?

  Yes. The Court appointed the following lawyer as “Class Counsel”:
  Brian W. Warwick, Janet R. Varnell and David K. Lietz of Varnell & Warwick, PA; Brannon J. Buck of Badham & Buck, LLC; Gregory A. Brockwell of Brockwell Smith, LLC; Andrew F. Knopf of Paul, Knopf, Bigger; Chris Bataille of Flanigan & Bataille; and Vincent Swiney of Swiney & Bellenger, LLC.
  You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

• 15. How will the lawyers be paid?

  Class Counsel requested and the Court approved an award for attorneys' fees of up to $5.553.000.00, inclusive of reasonable costs and expenses. Class Counsel also requested and the Court approved of an incentive award of $7,500 for the Class Representatives. Any amount that the Court awards for attorneys' fees, costs, expenses, and an incentive award will be paid separately by the Defendants and will not reduce the amount of payments or other benefits to Class Members who submit valid claims.

• 16. What happens if I do nothing?

  If you do nothing, you will get no benefits from this Settlement.

• 17. How do I get more information?

  This website and the Notice summarize the proposed Settlement. More details are in a Settlement Agreement.
  You can get a copy of the Settlement Agreement in the Documents link in the main menu.