1. Links to THIRD-PARTY Websites.
2. 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.
3. Content and Intellectual Property.
1. 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.
4. 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.
5. Collection, Use, and Disclosure of Your Personal Information.
While Berkshire Grey takes reasonable steps to safeguard and 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.
7. Disclaimer of Warranties.
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