Terms of Use - Berkshire Partners

This website is provided by Berkshire Partners LLC (“Berkshire”). By accessing and using this site, you accept and agree to be bound by, without limitation or qualification, these terms of use (the “Terms”). Berkshire may update this site at any time. Your continued use after any such modifications shall constitute your acceptance of these Terms. If you do not accept and agree to be bound by the Terms, do not access or use this site.

No Offer or Advice

You acknowledge that the content of this site is for general, informational purposes only, intended for management teams and individuals who may seek employment with Berkshire and is not intended to constitute an offer to sell or buy any securities or promise to undertake or solicit business, and may not be relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.

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.

No Warranties

The site is provided on an “as is” basis with no warranties of any kind. Berkshire does not warrant that the information on the site is accurate, reliable, current or correct, that this site will be available at any particular time or location or that this site is free of viruses or other harmful components. Your use of this site and use or reliance upon any of the materials on it is solely at your own risk. Descriptions of investor types contained herein are for informational purposes only and do not necessarily reflect the characteristics of all applicable investors in the Berkshire funds.

Modifications to Content

Berkshire may, at its discretion, modify or discontinue any of the content of this site, or any portion thereof, with or without notice.

Ownership

All content included on this site, such as graphics, logos, articles and other materials, is the property of Berkshire or others and is protected by copyright and other laws. All trademarks and logos displayed on this site are the property of their respective owners, who may or may not be affiliated with Berkshire. Nothing contained on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content or trademark displayed on this site without the written permission of our organization or such other third party that may own the content or trademark displayed on this site.

Restrictions on Use

This website 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 this site. 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.

Berkshire has the right, but not the obligation, to monitor any activity associated with the site. 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 and denying access and/or removal of materials from the site.

Berkshire reserves the right to remove anything that violates these Terms or is otherwise objectionable and to report to appropriate law enforcement officials, regulators or other third parties any activity that it suspects violates any law or regulation. 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.

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 that 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 use in all jurisdictions or by all users, or that access by any user in the jurisdiction in which such user is located is not illegal or prohibited. Users who choose to access the site from other locations access it 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.

Limitation of Liability

Berkshire is not responsible for any damages or injury, including, but not limited to, special, indirect, incidental or consequential damages, that result from your use of, or inability to use, this site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure or other computer malfunction. You understand and agree that your use of this site is predicated upon your waiver of any right to sue Berkshire or its affiliates directly or to participate in a suit for any losses or damages resulting from your use of this site.

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 this site. 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.

NEITHER BERKSHIRE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE 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 THIS SITE, OR ANY ERRORS OR OMISSIONS CONTAINED IN THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

Links from Other Websites and Third Party Content

Berkshire does not review or monitor any websites linked from or to this site 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 Berkshire 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. Similarly, links or copies of third party articles regarding Berkshire, its affiliates or its portfolio companies have generally been prepared without the input of Berkshire and are provided for convenience purposes only. By inclusion on this site, Berkshire does not represent or warrant the accuracy of such information or take responsibility for its content.

Performance Information

Any performance data or comments expressed on this site are an indication of past performance. Past performance is not indicative of future results; no representation is being made that any investment will, or is likely to, achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

Governing Law

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 this site. 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.

Trademarks

The Berkshire trademarks, service marks and logos (the “Trademarks”) used and displayed on this site, including BERKSHIRE PARTNERS, STOCKBRIDGE INVESTORS, the BERKSHIRE PARTNERS and STOCKBRIDGE INVESTORS logos and BERKSHIREPARTNERS.COM are registered and unregistered Trademarks of Berkshire. Other Trademarks may be owned by other parties. 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.

These Terms represent the entire agreement between you and Berkshire relative to this website and supersede any and all other communications, whether 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). If any provision of these Terms is held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the fullest extent permitted by law so as to affect the intent of these Terms and the remainder shall remain in full force and effect. 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.

Berkshire PartnersTerms Of Use