Welcome to the website www.berkshireimplement.com owned and operated by Berkshire Implement Co Inc.TM . Any and all information, communications, software, scripting, photos, text, video, graphics, images and other materials and services found on the Site and websites that are linked to this Site is for the use of Berkshire Implement’s customers, employees, and members of the general public.
ACCEPTANCE OF CONTRACT TERMS
In exchange for using the Site, you agree to be bound exclusively by these terms of use and to comply with all applicable laws and regulations. You represent you have the legal authority to accept these Site Terms of Use on behalf of yourself or any party you represent. If any provision of these Site Terms of Use is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforce ability of any other provision of the Site Terms of Use.
If you do not agree to these terms, please do not use the Site.
The Site is controlled and operated in whole or in part by Berkshire implement. By accessing the site your agree that the statutes and laws of the United States and the State of Indiana, U.S.A., without regard to conflicts of laws principles, will apply to all matters relating to use of the site, and you agree that any litigation relating in any way to the use of the site shall be subject to the exclusive jurisdiction of the state or federal courts in Indiana, U.S.A. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Berkshire Implement makes no representation that the Content in the Site is appropriate or available for use in other locations or that access to it from outside the U.S.A. is legal.
As a condition of your use of the Site, you warrant to Berkshire Implement that you will not use the Site for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein. You shall not, at any time,
(a) reverse engineer, decompile or disassemble any portion of the Site or tamper in any way with the operation of the Site, or
(b) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, cancel bots or any similar device that may impair, damage, or interfere with the proper working order of the Site. You acknowledge that Berkshire Implement reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
RESTRICTIONS ON USE OF CONTENT
You acknowledge that the Content is the property of Berkshire Implement or third party site providing such content and is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws. Nothing contained in this Site shall be construed as conferring any license or right to any copyright, trademark or other proprietary interest of Berkshire Implement or any third party. The Site and the Content may not be copied, distributed, or reproduced in any way, without the prior written consent of Berkshire Implement.
SUBMISSIONS OF INFORMATION
Do not send any confidential or proprietary information to Berkshire Implement through the Site. Any information you do send to Berkshire Implementation the Site will be deemed NOT confidential. For any non-confidential information you do send, you hereby grant Berkshire Implement an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit, and distribute the non-confidential information, and agree that Berkshire Implement is free to use any ideas, concepts, know-how or techniques that you send Berkshire Implement for any purpose. Your personally identifiable information you submit to us shall be treated in accordance with our Privacy Policy. You agree to assume the security risk for any information you provide using the Site.
REVISIONS
Berkshire Implement may revise or withdraw the Content, in whole or in part, at any time without notice. Berkshire Implement may at any time revise these Site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Site Terms of Use to which you are bound.
THIRD PARTY REFERENCES / LINKS TO OTHER WEBSITES
We are not responsible for the practices employed by websites linked to or from our Site or any services, including the information or content contained therein (collectively “Third Party Sites”). Please remember that when you use a link to go from our Site to a Third Party Site, our Terms of Use are no longer in effect. Your browsing and interaction on any Third Party Site, including those that have a link on our Site, is subject to that Third Party Site’s rules and policies. Please read over those rules and policies before proceeding, as these websites may contain information or material that some people may find inappropriate or offensive.
These other websites are not under the control of Berkshire Implement, and you acknowledge that Berkshire Implement makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. Berkshire Implements not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such websites, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the website by or any association with its operators.
THIRD PARTY LINKS, TEXT AND IMAGE ADSON SITE / AFFILIATE DISCLOSURE STATEMENT
To help defray Site operating,costs and in accordance with the Federal Trade Commission of the United States, please be advised that some of the links, text and image ads contained on this Site may be linked to third party merchant products and/or services for demonetization purposes. This means when you click on the links, text and image ads to various third party merchant products and/or services on this Site and make a purchase, this can result in a commission that is credited to this Site as an affiliate.Some affiliate programs and affiliations on the Site include, but are not limited to Amazon, Commission Junction, Link Share Network, and other third party merchants. Berkshire Implement may or may not have a relationship with certain third party merchant products and/or services on this Site.
Any opinions expressed that may be expressed on the Site may be those of Berkshire Implement and should not be construed as the opinions of nor reflect the view of any third party merchants with which Berkshire Implement is affiliated. Berkshire Implement STRONGLY RECOMMENDS and encourages you to conduct your own research and exercise due diligence as to any third party merchants products and/or services on this Site.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNIFY
Berkshire implement does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of the site or any other websites linked to or from the site. The content of the site is provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, Berkshire implement disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose, non-infringement, error-free, timely or uninterrupted use, or other violation of rights. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply.
Under no circumstances shall Berkshire implement, its owners, officers, directors, employees, representatives and agents be liable for any damages of any kind arising out of or relating to the use or the inability to use the site, its content or links, including, but not limited to, ordinary, special, incidental, exemplary or consequential damages, whether based upon contract, tort or any other legal theory, whether foreseeable or not, and even if Berkshire implement has been advised of the possibility of the damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You assume all rights and liability for results obtained by the use or implementation of the site, whether such results are used singly or in combinations with other hardware, software or products.
You agree to hold harmless and indemnify Berkshire implement, its owners, officers, directors, employees, representatives and agents from and against all claims, judgments, expenses, and losses. Fines, liabilities and attorneys’ fees and costs, as incurred, arising from or related in any way to a breach of contract or other claim made by you against any third party, your use of and results from the use of the site, bodily injury to any person or damage to any property by you, your negligent or willful act or any breach hereof by you.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Berkshire Implement with respect to this Site and supersedes all prior or contemporaneous communications between you and Berkshire Implement with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between you and Berkshire Implement with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Berkshire Implement with respect to the Site. No later terms sent by you shall be of any effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You agree to use the Site in accordance with all terms, conditions and use stated herein.
TRADEMARKS AND SERVICE MARKS
Berkshire Implement, and marks shown with an ® or ™ are owned by Berkshire Implement Co Inc. or their respective owners, and are or may be registered with the U.S. Patent and Trademark Office. Other trademarks, such as product and service names, found on Berkshire Implement Site are owned by Berkshire Implement or by third parties. No Berkshire Implement trademark or service mark may be used as a hyperlink or otherwise, including but not limited to for advertising or promotion purposes, without Berkshire Implement’s prior written permission.
CONTACT US
If you have questions or comments about our Terms of Use or any other aspect of the Site, including any services that may be provided, please feel free to contact us by email at support@berkshireimplement.com.