Effective January 31, 2012
The following terms constitute an agreement between you and Berkshire Corporation (“Berkshire”), the operator of www.berkshire.com (the “Site”). This agreement governs your use of the Site, both as a casual visitor and a registered user.
By accessing or using the Site, you agree to be bound by the terms of this Agreement. To the extent that you register at the Site to make purchases, there are additional terms that apply to you that appear within the Online Terms of Sale that you must agree to as part of the registration process that might not apply to non-registered Site users.
Site Use and Registration Age Eligibility
Individuals under the age of 18 are prohibited from registering to use the Site as registered users. By registering to use the Site you represent that you are age 18 or older. Furthermore, this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we know or have reason to believe is a child under the age of 13.
Site Intellectual Property
Berkshire™ and the Berkshire logo are trademarks of Berkshire. You agree not to display or use these trademarks in any manner without Berkshire's prior, written permission.
No Interference with Operation of Site
You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided at the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by other Site users, or collect information about other Site users, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your registration account to take such actions. You otherwise agree not to interfere with any other Site user’s use or enjoyment of the Site.
Registered User Password and Login Identity
If you are a registered user, you are responsible for maintaining the confidentiality of your password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your registered user privileges may be suspended temporarily or terminated. You agree to immediately notify Berkshire of any unauthorized use of your registered user password or login or any other breach of security.
Advertisements and Links to Other Websites
The Site may contain links to other websites that are not under the control of Berkshire. The inclusion of any link or third-party advertisement does not imply endorsement by Berkshire of such site or advertiser, and Berkshire is not responsible for the content of such linked sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use and privacy policies for such sites. Berkshire does not endorse any product or service advertised or described on such third-party websites.
Site Access Termination
You agree that Berkshire may, with or without cause, immediately terminate your access to the Site or limit or terminate your access to the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by Berkshire of access to and use of the Site: (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated registration cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Berkshire has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
Modifications to these Terms
We reserve the right to modify these Terms at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review these Terms periodically for any updates or changes, which will have an update effective date.
Disclaimer of Warranties
The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. Berkshire does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site and the Site content to the extent permitted by law. Berkshire does not warrant that access to the Site or its content or services will be uninterrupted or error-free, that defects in the Site will be corrected.
Limitation of Liability
Under no circumstances shall Berkshire, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained on the Site.
You agree to indemnify and hold harmless Berkshire, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
Registered User Notices
If you are a registered user, you agree that Berkshire may send notices to you by email at the email address you provide when registering to become a registered user (or which you later update using the functionality of the Site).
Governing Law and Venue
This agreement shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with use of the Site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.
Berkshire may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, let us know, or contact us at:
21 River Street
Massachusetts 01230 USA