Legal

Legal

Welcome to the web site (the “Site”) of Berkshire Capital Securities LLC (“Berkshire Capital”, also referred to as “we”, “our” or “us”).  By accessing and/or using the Site, you (as a user of the Site) agree to follow and be bound by the terms and conditions set forth below as well as our Privacy Policy (“Privacy Policy” and collectively, the “Terms of Use”).  Please read these Terms of Use, including its Privacy Policy, carefully.  If you do not accept the Terms of Use, we do not permit your use of and access to our Site.  These Terms of Use may have changed since the last time you visited our Site.  Any breach by you of any of the Terms of Use will automatically terminate this agreement and your permission from Berkshire Capital to access and use the Site and/or the Content (defined below).

Authorized Uses

The Site and all text, graphics, information and other content displayed on the Site (the “Content”) shall only be used by you in connection with your direct personal use of the Site as permitted by these Terms of Use.  Your use of the Site and/or access to the Content is also subject to the following restrictions and conditions:

  • The Site is not intended for distribution to or use by any person or entity who is a citizen or resident of, or located in, any jurisdiction where the distribution, publication, availability or use of the Site would be contrary to applicable law or regulation or which would subject Berkshire Capital and/or its subsidiaries or affiliates to any registration or licensing requirements with such jurisdiction.  Therefore, you may not use the Site, including the information contained therein, in any jurisdiction where the provision or use thereof would be contrary to any applicable law, rule or regulation of any governmental, quasi-governmental or self-regulatory authority or where Berkshire Capital is not authorized to provide such information. 
  • You may use the Site only for informational purposes or for communicating directly with Berkshire Capital.
  • You may not send unsolicited commercial email to any email addresses provided on or through the Site.  In addition, spam, chain emails, advertising solicitations and similar email solicitations by you are expressly prohibited.
  • You may not redistribute, retransmit, republish, copy, duplicate, download or otherwise use or exploit any Content on the Site except for purposes permitted by these Terms of Use.
  • You may not use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations.
  • You may not delete, modify or attempt to change or alter any of the Content on the Site.
  • You may not use any device, software or routine that interferes with the proper functioning of the Site, or take any other action that interferes with other parties’ use of the Site.
  • You may not use any “robot”, “spider”, “scraper”, “crawler” or other automatic or manual device or process to gather or compile information on the Site for any purpose other than through a generally available search engine.
  • You may not, without express written authority from Berkshire Capital, provide access to the Site through any hyperlink or other link from any other web site, nor may you frame the Site within or as a portion of any other web site or page.
  • You may not use the Site to post or transmit any harmful, unlawful, threatening, offensive, libelous, defamatory, obscene, abusive, pornographic or otherwise objectionable material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law.
  • Any information sent to Berkshire Capital will be handled by us in accordance with our Privacy Policy.

US and UK Regulation

Berkshire Capital provides independent financial advice and other related services, including valuations and fairness opinions, on mergers, acquisitions, financial restructurings and other corporate finance transactions.  Berkshire Capital does not hold customer accounts, conduct underwriting activities, or provide research or analyst reports. Member, FINRA / SIPC.

Berkshire Capital Securities Limited, London, is a wholly owned subsidiary of Berkshire Capital Securities LLC, which is authorised and regulated by the Financial Conduct Authority (Registration Number 188637).
Registered in England and Wales (Company Registration Number: 3615526).
Registered Office:  Cayzer House, 30 Buckingham Gate, London, SW1E 6NN.
VAT number:  GB 893 7970 54.

Disclaimer of Warranties; “AS IS”

THE SITE AND ALL CONTENT, MATERIALS AND INFORMATION CONTAINED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BERKSHIRE CAPITAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.  BERKSHIRE CAPITAL MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Limitation Of Liability

IN NO EVENT SHALL BERKSHIRE CAPITAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM OR RELATING TO YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY CONTENT, MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, EVEN IF BERKSHIRE CAPITAL WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE AND/OR EVEN IF ANY REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.  THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES.  ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Privacy

Berkshire Capital will treat any information we collect from you or which you submit to us in accordance with our Privacy Policy.

Children

This Site is not intended for children under the age of thirteen.  For more information on the protection of children’s personal information, see our Privacy Policy.

Third Party Content

The Site may occasionally display the content, services, products or hyperlinks of other companies or persons.  Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Berkshire Capital on behalf of any third party.  In addition, Berkshire Capital does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties.  Berkshire Capital shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party web sites accessed from the Site or web sites that have links to the Site.  Access to third party web sites from the Site is established at your own risk.

Intellectual Property Rights

The Site (including the “look and feel” of the Site) and all Content are the property of Berkshire Capital, or of third parties as indicated, and is protected by U.S. copyright laws and international treaties.  All product names, names of services, trademarks and service marks (“Marks”) are the property of Berkshire Capital, or the property of their respective owners, as indicated.  You may not use the Marks for any purpose whatsoever other than as permitted by these Terms of Use.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), Berkshire Capital has designated an agent to receive notifications of alleged copyright infringement associated with the Site.  Berkshire Capital will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA.  If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent: Ms Jennifer Sransky, E-Mail: dmca@berkcap.com, Phone, 212.207.1000 Fax 212.207.1019, US Mail: 535 Madison Avenue, New York, NY 10022.  If material is believed in good faith by Berkshire Capital to infringe a copyright or otherwise violate any intellectual property rights, Berkshire Capital will remove or disable access to any such material.

Indemnification

You agree to indemnify and hold harmless Berkshire Capital from and against any and all liability, claims, causes of actions, damages, losses, costs and expenses, including but not limited to, attorneys’ fees, costs of suit, costs of investigation and costs of enforcement of this provision arising out of your breach of these Terms of Use.

BCP Disclosure Statement

Berkshire Capital has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.

Contacting Us – If after a significant business disruption you cannot contact us as you usually do at 212.207.1000 you should call our alternative number 303.893.2899 or go to our web site at www.berkcap.com.

Our Business Continuity Plan – We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and providing our clients with continued support. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.

For more information – If you have questions about our business continuity planning, you can contact us at 212.207.1000.

General

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current.  Berkshire Capital reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.

Berkshire Capital may modify these Terms of Use from time to time and at any time, such modifications to take effect immediately upon the posting thereof on the Site.  The terms of this Agreement are severable to the extent any term is deemed invalid, illegal, or unenforceable.

The failure of Berkshire Capital to enforce any term or condition of these Terms of Use shall not be deemed a waiver thereof and shall not prevent its later enforcement.

These Terms of Use are governed by the laws of the State of New York, without respect to its conflict of laws principles.  Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state and federal courts located within New York, New York, except that, to the extent that you have or are threatening to violate, infringe or otherwise misappropriate any intellectual property rights of Berkshire Capital (or the intellectual property rights of any third parties made available on this Site), Berkshire Capital may also seek injunctive or other appropriate relief in any other jurisdiction and venue permitted by law.  You expressly consent to service of process in any action relating hereto by registered mail or by any other means provided by law.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.