Terms of use

Berkshire Partners LLC ("Berkshire") provides the BERKSHIREPARTNERS.COM Internet site for its private equity investors and management partners. Access to and use of BERKSHIREPARTNERS.COM is subject to the terms and conditions set forth herein ("Terms") and all applicable laws. By accessing and using BERKSHIREPARTNERS.COM, you accept and agree to be bound by, without limitation or qualification, these 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, U.S.A. for any legal action arising out of or relating to these Terms and/or your access and use of BERKSHIREPARTNERS.COM.

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. These Terms were last revised at 12:21 PM Eastern time on September 10, 2001. 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. If you do not accept and agree to be bound by the revised Terms, do not access or use BERKSHIREPARTNERS.COM.

Berkshire may in its sole and absolute discretion terminate BERKSHIREPARTNERS.COM, these Terms, or your access to BERKSHIREPARTNERS.COM.

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 Interactive

Before you can use the Berkshire Interactive functionality of BERKSHIREPARTNERS.COM, you must have received a password from Berkshire. You are solely responsible for maintaining the security of your password. You should not disclose your password to any third party. You are solely responsible for any use of or action taken under your password on BERKSHIREPARTNERS.COM. If your password is compromised, you should notify Berkshire to change your password.

Privacy and Security

Berkshire does not collect any information about you in connection with your use of BERKSHIREPARTNERS.COM.

Third-Party Links

BERKSHIREPARTNERS.COM may include links to other Internet sites which are operated by third parties ("Linked Sites") and which are not under the control and not maintained by BERKSHIREPARTNERS.COM. Berkshire provides these links to you only as a convenience, and as such, is not responsible for the content of such Linked Sites. The inclusion of any link to these sites does not imply an endorsement by Berkshire. Berkshire reserves the right to terminate any link or linking program at any time.

No Right To Monitor

You acknowledge that Berkshire has no obligation to monitor BERKSHIREPARTNERS.COM. However, you acknowledge and agree that Berkshire has the right to monitor BERKSHIREPARTNERS.COM and to remove anything that violates these Terms or is otherwise objectionable.

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 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' systems, or to ensure the integrity and operation of Berkshire' 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 this Agreement and/or your activities in connection with BERKSHIREPARTNERS.COM.

WARRANTY; LIABILITY LIMITATION BERKSHIREPARTNERS.COM IS PROVIDED ON AN "AS IS" 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.

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.

BERKSHIRE PARTNERS, the BERKSHIREPARTNERS logo, and BERKSHIREPARTNERS.COM are trademarks of Berkshire.com, Inc. Please be advised that Berkshire Partners LLC actively and aggressively enforces its intellectual property rights.