Terms of use

General Agreement

Berkshire Partners LLC ("Berkshire") provides the BERKSHIREPARTNERS.COM internet site for its private equity investors and management partners. By accessing and using BERKSHIREPARTNERS.COM, you accept and agree to be bound by, without limitation or qualification, these terms of use (the "Terms"). If you do not accept and agree to be bound by the Terms, do not access or use BERKSHIREPARTNERS.COM.

These Terms represent the entire agreement between you and Berkshire relative to BERKSHIREPARTNERS.COM and supersede any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of these Terms posted by Berkshire (provided, however, that any such revised posting shall take effect prospectively from the date of such posting).

The Terms shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, United States of America, jurisdiction of the state and federal courts located in Boston, Massachusetts, United States of America for any legal action arising out of or relating to these Terms and/or your access and use of BERKSHIREPARTNERS.COM. You agree that any cause of action you may have with respect to your use of the site must be commenced within one year after the claim or cause of action arises or will be deemed to have been waived.

Modifications to these Terms

Berkshire may revise these Terms by updating this posting at any time and without notice to you. You are responsible for reviewing these Terms for revisions. By accessing and using BERKSHIREPARTNERS.COM after any revision to these Terms, you accept and agree to be bound by, without limitation or qualification, the revised Terms. Berkshire may in its sole and absolute discretion terminate BERKSHIREPARTNERS.COM, these Terms, or your access to BERKSHIREPARTNERS.COM.

International Use

The information or materials provided in or accessible through the site are, unless otherwise specified, directed at residents of the United States, and are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Berkshire to any registration or other requirement within such jurisdiction or country. Berkshire reserves the right to limit access to the site to any person, geographic region or jurisdiction. Unless otherwise expressly set forth herein, Berkshire makes no representations that transactions, products or services discussed on or accessible through the site are available or appropriate for sale or use in all jurisdictions or by all users, or that access by any user in the place it is located is not illegal or prohibited. Users who choose to access the site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials on the site under the laws of any applicable jurisdictions. You may not use or export the information or materials on the site or accessible through the site in violation of U.S. laws and regulations.

User Conduct

BERKSHIREPARTNERS.COM may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations in connection with accessing and using BERKSHIREPARTNERS.COM. Fraudulent conduct may be reported to law enforcement, and Berkshire will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Berkshire does not grant, by implication, estoppel or otherwise, any license or right to use material on this site other than those set forth above, and you shall not make any other use of such material without Berkshire's written permission.

Third-Party Links

Berkshire does not review or monitor any websites linked from or to BERKSHIREPARTNERS.COM and is not responsible for the content of any such websites. Accordingly, Berkshire cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the site and the inclusion of these links does not imply an endorsement, representation or warranty by Berkshire with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. BERKSHIRE DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD-PARTY INTERNET WEBSITES HYPERLINKED FROM THE SITE. Your choice to follow links from or to such websites is at your sole risk. If you link other websites to this site, you may not imply or suggest that Berkshire has endorsed or is affiliated with such websites and you may not display this site as "framed" within another website. Berkshire reserves the right to terminate any link or linking program at any time.

No Services, Endorsement or Professional Consultation

There may be delays, omissions or inaccuracies in information obtained through your use of this site. The information on the site is provided to you with the understanding that Berkshire's provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors.

Berkshire has the right, but not the obligation, to monitor any activity associated with BERKSHIREPARTNERS.COM. Berkshire may investigate any complaint or reported violation of these Terms and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of materials from BERKSHIREPARTNERS.COM, including listings and orders.

Berkshire reserves the right to remove anything that violates these Terms or is otherwise objectionable and to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Berkshire's systems, or to ensure the integrity and operation of Berkshire's business, Berkshire may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, Internet Protocol addressing and traffic information, usage history and posted content.

Indemnification

You agree to indemnify, defend and hold harmless Berkshire against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from your breach of these Terms and/or your activities in connection with BERKSHIREPARTNERS.COM. Under no circumstances, including, but not limited to, negligence, shall Berkshire be liable for any special or consequential damages that result from the access or use of, or the inability to access or use, the materials on this site, even if Berkshire has been advised of the possibility of such damages.

WARRANTY; LIABILITY LIMITATION

BERKSHIREPARTNERS.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BERKSHIRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIMS ANY AND ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT BERKSHIREPARTNERS.COM OR THE SERVICES PROVIDED THEREON OR THERETHROUGH WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND, ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BERKSHIRE.

YOU ACKNOWLEDGE AND AGREE THAT ALL ACCESS AND USE OF BERKSHIREPARTNERS.COM IS AT YOUR OWN RISK. NEITHER BERKSHIRE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING BERKSHIREPARTNERS.COM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE BERKSHIREPARTNERS.COM, OR ANY ERRORS OR OMISSIONS IN BERKSHIREPARTNERS.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH BERKSHIREPARTNERS.COM IS TO STOP USING BERKSHIREPARTNERS.COM.

Miscellaneous

If any provision of these Terms is held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law so as to affect the intent of these Terms and the remainder shall remain in full force and effect.

You may not assign or transfer your rights and your obligations pursuant to these Terms. These Terms shall bind and benefit your successors, heirs and legal representatives. The failure of Berkshire to enforce the strict performance of any provision of these Terms shall not be a waiver of its right to subsequently enforce such provision or any other provisions of these Terms.

Trademarks

The Berkshire Trademarks, service marks and logos (the "Trademarks") used and displayed on this site, including BERKSHIRE PARTNERS, the BERKSHIREPARTNERS logo and BERKSHIREPARTNERS.COM are registered and unregistered Trademarks of Berkshire. Other Trademarks may be owned by others. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Berkshire intellectual property displayed on this site. The name Berkshire and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior written permission from Berkshire. Berkshire also prohibits use of Berkshire and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Berkshire in writing.

Copyright

The copyright in all materials provided on this site is held by Berkshire or by the original creator of the material. Except as 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 otherwise, without the prior written permission of Berkshire or the copyright owner. Permission is granted to download one copy of the materials on this site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach these Terms. Any unauthorized use of the materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Berkshire or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

Disclaimer

This website contains general information about Berkshire Partners and Stockbridge Investors, for management teams and individuals considering possible employment with our firm. This website is not an offer of securities or any form of solicitation.