Terms & Conditions
- Links to Third Party Websites.
- Third Party Services and Functionality.
Certain services made available by the Site from time to time may be delivered by third party websites and organizations. By using the Site or any functionality originating from the Site, you hereby acknowledge and agree that Berkshire Grey may share information and data with any third party with which Berkshire Grey has a contractual relationship to provide the requested service or functionality on behalf of users and customers of the Site.
- Content and Intellectual Property.
- Berkshire Grey Content, Copyright and Trademark Notice.
You agree that you will not use the Site in a manner that: (i) violates any federal, state, local, or international law or regulation; (ii) may, in our sole discretion, contribute to the harassment, exploitation, or harm of any person, including activities that may be defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; (iii) may expose Berkshire Grey to any liability, including by posting any material that infringes on or misappropriates the intellectual property rights of third parties; (iv) may be harmful to others, Berkshire Grey’s operations, or Berkshire Grey’s reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g. get-rich-quick schemes, Ponzi or pyramid schemes, phishing, or pharming) or engaging in other deceptive practices; or (v) introduces content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, or other malware.
- Use of Site.
The Site is intended only for users who are above 18 years of age and reside in the United States. By using the Site, you represent and warrant that you are over the age of 18. If you do not meet these requirements, you must not access or use the Site in any way.
- Collection, Use and Disclosure of Your Personal Information.
Any information collected through our Site may be stored and processed in the United States or any other country in which Berkshire Grey operates. By utilizing our Site, you consent to any such transfer of information outside of your country of residence.
While Berkshire Grey takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL BERKSHIRE GREY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BERKSHIRE GREY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
By using the Site, you agree to defend, indemnify and hold harmless Berkshire Grey, its subsidiaries and affiliates, and their respective employees, directors, officers, and agents, from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to (i) your use of or inability to use the Site or the Content; (ii) any breach or alleged breach by you of these Terms; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties or of applicable federal, state, local or international laws or regulations; and (iv) a claim alleging your negligence or willful misconduct related to the Site or Content. You may not settle any claim without the prior written consent of Berkshire Grey, which shall not be unreasonably withheld.
- Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION INCLUDED IN OR MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. BERKSHIRE GREY AND/OR ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
- LIMITATION OF DAMAGES AND LIABILITY.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE MAKING OF ANY DONATION OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Last modified: April 2, 2018