PRIVATE EQUITY ACCESS TERMS OF USE
Private Equity Access is a web-based tool for executives to gain access to the private equity industry and for private equity firms to find qualified executive talent (“PE Access.com”, “PE Access” or “Web Site”).
By using Private Equity Access’ service and PE Access.com, you consent to the policies and practices described in this statement. These Terms of Use include the Privacy Statement. By checking the appropriate box below, you are indicating your agreement to these Terms of Use, including the Privacy Statement.
Please read these Terms of Use carefully. If you do not accept the Terms of Use stated here, you may not use the Private Equity Access website. By using the Web Site, you are indicating your acceptance to be bound by the provisions of these Terms of Use. Private Equity Access (“Company”) may revise theses Terms of Use at any time for any reason by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on you. The terms “You” and “User” are used herein to refer to all individuals and/or entities accessing this Web Site for any reason.
1. Eligibility
You must be 18 years of age or older to use the Web Site. By accepting the Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and the You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Web Site in a manner consistent with any and all applicable laws and regulations.
2. Use of PE Access Content
The Company authorizes You to view and access a single copy of the content available on or from the Web Site solely for Your personal use. All content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Web Site is the exclusive property of the Company. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of the content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any content.
3. PE Access Site Restrictions
In connection with your use of Private Equity Access and its website, you agree not to: (a) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; (b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
In addition, you may not upload, post, transmit, or store any material that: (a) is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; (b) breaches any of your contractual or confidentiality obligations; (c) disrupts or interferes with the normal operations of this website, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or (d) constitutes unauthorized advertising to other Private Equity Access members without the express permission of Private Equity Access including, but not limited to, "junk mail", "spam mail", "chain letters", pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials.
You are also prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, the following activities: (a) accessing data not intend for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mail-bombing” or “crashing”; or (d) forging any TCP/IP packet header or any pat of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You may not use Private Equity Access, its service, or its website, to: (a) violate another's privacy rights or personal rights including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting another's personal information; (b) use any device, process, or mechanism to monitor, retrieve, search, or access, the website without the prior written consent of Private Equity Access; (c) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any materials contained within the website or database, except for materials that have been submitted and owned by you; (d) impersonate any person or entity; (e) forge any header information in any electronic posting or mail; or (f) misrepresent yourself, your affiliation with any third party, or your entity.
4. Specific Prohibited Uses
The features of the Web Site may be used only for lawful purposes by individuals seeking to make connections between private equity and executives.
The Company specifically prohibits any other use of the Web Site, and all Users agree not to do any of the following: (a) use any resume database for any purpose other than as an executive seeking private equity opportunities, including, but not limited to using the information in the Resume Database to sell or promote any products or services; (b) post or submit to the Web Site any incomplete, false or inaccurate biological information or information which is not your own; (c) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and or advertising of products or services to a use of the Web Site; (d) delete or revise any material posted by any other person or entity; (e) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure; (f) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site other than the search engine and search agents available from the Company; (g) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site; (h) aggregate, copy or duplicate in any manner any of the Content or information available from the Web Site; or (i) frame or link to the Web Site or information available from the Web Site.
5. Registration Information
When you register with the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your “Information”). In addition to the Terms of Use and privacy policy applicable to the Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, email address, or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.
If you cancel your PE Access account, all of your account information from the PE Access database, including resumes, cover letters, network profiles, and email mailing lists will be removed from PE Access and the Company’s databases and cannot be retrieved once deleted.
Private Equity Access stores up to three separate elements of personal information for all executive registrants. Personal details are collected to make your data available to the private equity firms that subscribe to Private Equity Access. In addition Private Equity Access may use your personal details for correspondence, including newsletters and other important messages about your account and internal customer research purposes only. Should any statistics be made public, they will be aggregated figures only.
Your work experience profile is an overview of your career experience, your current employment status and the areas in which you are seeking private equity opportunities. A short profile is required of all registrants to Private Equity Access, although only certain fields are mandatory. The profile allows private equity firms who are members of Private Equity Access to match the requirements of a particular search to executives within the Private Equity Access database.
Your resume / CV is an optional addition to the data stored within Private Equity Access. The resume is an additional tool for private equity firms to match the requirements of a particular search with your career experience. There is no obligation to upload your resume / CV, although it is recommended.
Private Equity Access reserves the right to review all resumes / CVs submitted, along with all executive profile information submitted, and to decline any submissions that are not truthful, descent, or appropriate solely at the discretion of Private Equity Access. All executive registrants whose submissions are declined will be removed from the Private Equity Access database with a full refund of their subscription fee.
Executives who join Private Equity Access retain full control over their contact information. When a private equity firm searches for executives, that firm will only be able to access the work experience and interest profile of member executives, not their personal contact information. Once the firm decides to contact an executive regarding a suitable opportunity, Private Equity Access will automatically, and confidentially, notify that executive via email of the position, along with information about the firm and the deal. Only once the executive has expressly decided to further pursue that opportunity will Private Equity Access share contact information with the interested firm.
Private Equity Access makes no guarantees that any executive who registers and enters their data into our database will be contacted by a private equity firm, receive a job offer, or otherwise. All contact and hiring decision are solely at the discretion of member firms. Search results displayed to member firms are based on the search criteria they select.
It is a condition of membership to Private Equity Access that registered private equity firms subscribe to these rules. In addition, as a condition of membership, registered private equity firms agree to allow Private Equity Access to use the name of their firm for promotional purposes within the Private Equity Access website and in communications to current and prospective executive members. Firms that do not wish to be identified as members of Private Equity Access must notify Private Equity Access with their specific request. Following receipt of that notification, Private Equity Access will remove the name of that firm from all promotional materials within 30 days.
Private Equity Access does not keep, nor process, sensitive personal data relating to race, ethnicity, political opinions, religious beliefs, trade union membership or data concerning individual health or sexual orientation.
Registered executives have the right to correct and update any data that is inaccurate or incomplete at any time through the website. Executives may review their account, and all the information relating to it, by logging into Private Equity Access.
All data for registered executives will be retained until their subscription period expires. All executive subscriptions can be renewed on an annual basis for a fee.
In addition, executives have the right to delete their data from the Private Equity Access database prior to the end of their subscription period by contacting Private Equity Access. Please note, however, that reregistering will require payment.
6. User Content and Submissions
You are solely responsible for your PE Access Account Information, content, messages, or other information (“User Content”) that you submit, publish or display (hereinafter “post”) on the Web Site or transmit to other Users. By posting User Content to the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to PE Access an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.
By posting User Content to any public or non-public areas of the Web Site, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sub-licensable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and or to incorporate it in other works in any form, media, or technology now known or later developed, for the full terms of any rights that may exist in such content. You also warrant that the holder of any rights has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content posted on the Web Site retains any and all rights that may exist in such User Content.
The Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, the Company may review and delete any User Content that, in the sole judgment of PE Access, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of , harms or threatens the safety of Users of the Web Site. The Company reserves the right to expel Users and prevent their further access to the Web Site for violating the Terms of Use or applicable law, rule or regulation, and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believe it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted y other users will be at your own risk.
The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by users. If notified by a user of communication allegedly out of conformity to these Terms of Use, then the Company may in it sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to users for performance or nonperformance of such activities.
7. Registration, Password, and Safeguards
Private Equity Access has taken all reasonable precautions to prevent unauthorized access to its information and services, including, but not limited to, the use of firewalls, SSL certificates, controlled distributions of passwords, and so on. Please protect your own username and password from unauthorized use.
You are responsible for maintain the confidentiality of your PE Access Account, PE Access Profile, passwords, and your billing account. You shall be responsible for all uses of your Web Site registration and passwords, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of you PE Access Account, PE Access Profile, passwords and you billing account.
8. Company’s Liability
PE Access acts as a venue for private equity firms to be matched with and to contact qualified industry executives and does not screen or censor the listings offered. The Company is not involved in the actual transaction between firms and executives. As a result, the Company has no control over the quality, safety, or legality of the opportunities or resumes posted, the truth or accuracy of the listings, the ability of the firms to offer opportunities to candidates or the ability of the candidates to fill any available openings, or any User Content and makes no representations about any opportunities or User Content on the Web Site.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Web Site.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior or participants on the Web Site, in the event that you have a dispute with on or more users, you release the Company (and our agents and employees) from claims, demands, and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Web Site and Content may contain inaccuracies or typographical errors. The Company makes no representation about the accuracy, reliability, completeness, or timeliness of the Web Site or Content. The use of the Web Site and the Content is at your own risk. Changes are periodically made to the Web Site and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any resume or material contained therein placed by you on the Web site. The Company is not to be considered to be an employer with respect to your use the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting opportunities on the Web Site.
Private Equity Access does not accept responsibility for any damage incurred as a result of a registered users decision to upload or download an attached document from the Private Equity Access service.
The Company cannot guarantee and does not promise any specific results from use of the Web Site. No advice or information, whether oral or written, obtained by a user from the Company or from the Web Site shall not create any warrant not expressly stated herein.
9. Disclaimer of Warranty
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE ANY WEB SITE OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KINK. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIER, OR ANY THIRD PARTIES MENTION ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability
The company’s maximum liability arising out of or in connection with the Web Site or your use of the Content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the annual membership fee.
12. Links to Other Sites
The Web Site may contain links to third party web sites. These links, if any, are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third party web sites. The company is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.
13. No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not make any unauthorized commercial use of the Web Site.
14. Indemnity
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) any User Content or other material you provide to the Web Site, (b) your use of any Content, or (c) your breach of the terms of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding.
15. Additional Terms of Use
Certain area of the Web Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
16. Refund Policy
Executives may request a refund during the first seven days following your registration and payment. Following the initial seven-day period, refunds will not be permitted. If your profile is rejected by the Private Equity Access you will be notified within 7 days and will be entitled to a refund. Falsification of any aspect of your profile may serve as a basis to terminate your participation in Private Equity Access without refund.
17. Term and Termination
These Terms of Use will remain in full force and effect while you are a user of the Web Site. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from the Web Site and immediate termination of your registration with or ability to access the Web Site, upon any breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to the Web Site. Even after you are no longer a user, certain provisions of these Terms of Use will remain in effect.