THE BERKSHIRE COMPANY
We are pleased that you are visiting THE BERKSHIRE COMPANY website, subject to the following terms and conditions. Please read these provisions carefully. By visiting this site, you are expressly accepting the following terms and conditions.

INFORMATIONAL PURPOSES ONLY.
Please note that in making this site or any of its contents available, no client, advisory, fiduciary, consulting or professional relationship is implicated or established and neither THE BERKSHIRE COMPANY nor any other person is, in connection with this site, engaged in rendering legal, advisory, consulting or other professional services or advice. This site or any of its contents are not intended to be a substitute for your retention of appropriate legal, advisory, consulting or other professional services. You agree that this site or any of its contents, including but not limited to, Strategy, are provided for informational purposes only and do not constitute specific advice. THE USE OF THIS SITE OR ANY OF ITS CONTENTS IS SOLELY AT YOUR OWN RISK.

PRIVACY POLICY
Information Collection and Use. THE BERKSHIRE COMPANY is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. THE BERKSHIRE COMPANY collects information from our users at several different points on our website.

Registration. In order to use this website, a user may first complete the registration form. During registration a user is required to give their contact information (such as name and email address). This information is used to contact the user about the services on our site for which they have expressed interest.

Cookies. This site does not employ cookies. However, some of our business partners or sites you may link to from this site may use cookies. We have no access to or control over these cookies.

Log Files. When users request pages from our server, our Web server automatically collects some information about the users, including their IP addresses. These addresses are used by computers on the network to send the requested pages to users. We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Sharing. THE BERKSHIRE COMPANY will not reveal any personally identifiable information that users provide to us to any third party without their permission. We will share aggregated demographic information with our partners. This is not linked to any personal information that can identify any individual person. THE BERKSHIRE COMPANY uses reasonable precautions to keep the personal information disclosed to us secure and to disclose such information only to responsible third parties after permission from the user.

We may partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Links. This website contains links to other sites. Please be aware that THE BERKSHIRE COMPANY is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site. THE BERKSHIRE COMPANY is not responsible for the content or the privacy polices of websites to which it may provide links or the websites of its advertisers.

Newsletter. Using email addresses provided at registration or otherwise, THE BERKSHIRE COMPANY periodically sends out an email newsletter and promotional email to our users about services offered by THE BERKSHIRE COMPANY and its advertisers. Users can indicate that they do not wish to receive email information from THE BERKSHIRE COMPANY or its advertisers. Third parties will not contact our users through the use of our email newsletter list except through advertisements within the newsletter itself, or unless users ask to be placed on a list to receive email from our advertisers on subjects of interest.

Upon request, THE BERKSHIRE COMPANY will remove users (and their information) from our database or permit them to "opt-out" of any future email newsletter or contact.

Privacy of Children. THE BERKSHIRE COMPANY site is not intended or designed to attract or to be used by children. We will not knowingly request or collect personally identifiable information from a child under the age of 13.

Site and Service Updates. THE BERKSHIRE COMPANY also sends the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.

Correction/Updating Personal Information. If a user’s personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the member information page or by emailing: comments@berkshire-company.com.

Users who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email or email us at: comments@berkshire-company.com.

Notification of Changes. If THE BERKSHIRE COMPANY decides to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

If you feel that THE BERKSHIRE COMPANY is not abiding by its posted privacy policy, you should first contact us at: comments@berkshire-company.com. If you have any questions about these policies, please send an email to: comments@berkshire-company.com

INTELLECTUAL PROPERTY.
Copyright. All content contained on this site, including, but not limited to, text, newsletter material, postings, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of THE BERKSHIRE COMPANY and is protected by the copyright laws of the United States and international copyright laws. The compilation of all content on this site is the exclusive property of THE BERKSHIRE COMPANY and is protected by the copyright laws of the United States and international copyright laws. All software used on this site is the property of THE BERKSHIRE COMPANY or its software suppliers/licensors and is protected by the copyright laws of the United States and international copyright laws.

Trademarks. THE BERKSHIRE COMPANY, its logo, and other marks indicated on our site are registered or common law protected service marks of THE BERKSHIRE COMPANY. This site’s graphics, logos, page headers, button icons, scripts, and service names are service marks or trade dress of THE BERKSHIRE COMPANY. THE BERKSHIRE COMPANY’s service marks and trade dress may not be used in connection with any product or service that is not THE BERKSHIRE COMPANY’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THE BERKSHIRE COMPANY. All other trademarks and/or service marks not owned by THE BERKSHIRE COMPANY that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by THE BERKSHIRE COMPANY.

NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL, OR OTHERWISE ANY LICENSE OR RIGHT UNDER ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS OF THE BERKSHIRE COMPANY OR ANY THIRD PARTY.

LICENSE AND SITE ACCESS.
THE BERKSHIRE COMPANY grants you a limited license to access and make personal use of this site in accordance with these terms of use. You may not download (other than page caching) or modify the site, or any portion of it, except with express written consent of THE BERKSHIRE COMPANY. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of THE BERKSHIRE COMPANY. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of THE BERKSHIRE COMPANY without express written consent. Any unauthorized use terminates the permission or license granted by THE BERKSHIRE COMPANY. You may not use THE BERKSHIRE COMPANY’s logo or other proprietary graphic or trademark as part of the link without express written permission.

OTHER LEGAL DISCLAIMERS.
THE USE OF THIS SITE OR ANY OF ITS CONTENTS IS SOLELY AT YOUR OWN RISK. THE BERKSHIRE COMPANY MAKES NO REPRESENTATIONS WHATSOEVER ABOUT THIS SITE OR ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THIS SITE AND NEITHER MONITORS NOR ENDORSES SUCH WEBSITES, SERVERS OR THEIR CONTENTS.

WE PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE BERKSHIRE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, LEGIBILITY, TIMELINESS OR SUITABILITY OF THE CONTENTS OF THIS SITE OR ANY RELATED MATERIAL WHICH MAY BE ACCESSED OR DOWNLOADED FROM IT OR ANY OTHER WEBSITES LINKED TO OR FROM THIS SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE BERKSHIRE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT OR VIOLATION OF OTHER RIGHTS. THE BERKSHIRE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR BUGS.

YOU AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY THE BERKSHIRE COMPANY AGAINST ANY AND ALL COSTS, CLAIMS, DEMANDS OR EXPENSES INCURRED BY OR MADE AGAINST THE BERKSHIRE COMPANY, INCLUDING REASONABLE ATTORNEYS' FEES, AS A RESULT OF ANY BREACH BY YOU OF THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR DEMANDS MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
ACCESS TO THIS SITE FROM YOUR COUNTRY IS AT YOUR OWN RISK AND YOU ACCEPT THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LOCAL LAWS. THE BERKSHIRE COMPANY MAKES NO REPRESENTATIONS THAT THE CONTENTS OF THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES.

UNLESS OTHERWISE MANDATORILY PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THE BERKSHIRE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS SITE OR ANY OTHER WEBSITES OR FOR THE LOSS OF USE, DATA OR PROFITS AS A RESULT THEREOF IN ANY ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR ANY OTHER TORTIOUS ACTION.

ARBITRATION CLAUSE.
Any dispute, controversy, claim or action arising out of or relating to these terms of use or your use of this site, shall be settled in final, binding and confidential arbitration in Boston, Massachusetts, administered by the American Arbitration Association under its Commercial Arbitration Rules, except in instances of any actual or threatened irreparable harm to the rights of THE BERKSHIRE COMPANY. In such event, THE BERKSHIRE COMPANY may seek injunctive or other applicable relief in the state or federal courts in the Commonwealth of Massachusetts, and you consent to jurisdiction and venue in said courts. The final award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction thereof.

CHOICE OF LAW/FORUM.
By using this site, you agree that the laws of the Commonwealth of Massachusetts, regardless of principles of conflict of laws, will apply to these terms of use and any dispute, controversy, claim or action or dispute that may arise between you and THE BERKSHIRE COMPANY. If for any reason, the arbitration clause contained herein should be deemed invalid, you further consent to the jurisdiction and venue of the state or federal courts of the Commonwealth of Massachusetts.

SEVERABILITY.
If any of the terms and conditions of this site should be deemed invalid, void or otherwise unenforceable, that provision shall be considered severable and shall not render invalid or unenforceable any remaining terms and conditions.