Terms of Use – Private Equity CFO Association

Web Site Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE

ACCEPTANCE OF TERMS, REVISIONS

The Private Equity CFO Association (“PECFOA”) is providing this web site as an information service to its members. By using this site, you are indicating your agreement to be bound by these Terms. If you do not agree to these Terms, please do not use the site and exit now.

PECFOA may revise these Terms at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check this page periodically for any changes. Your continued use of this web site following the posting of any revisions to these Terms will mean that you accept those changes.

GRANT OF RIGHTS AND AUTHORIZATION OF USE

PECFOA provides educational opportunities and professional interaction for its members and the community of financial professionals.

PECFOA will grant you a non-exclusive, nontransferable, limited right to access, display on your computer, upload and download files and use the web site and services consistent with these Terms. This grant shall be terminable at will by PECFOA for any reason, and at our sole discretion.

REGISTRATION FOR SERVICES AND SECURITY OF YOUR ACCOUNT

Upon receipt of your online registration by clicking “YES,” you are agreeing to our terms of use. PECFOA will provide you with a username and a place to create your own personal password, if you do not already have a user name and password. . By clicking “AGREE” you also give PECFOA permission to send you email notifications unless you choose to unsubscribe.You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. It is your sole responsibility to control the dissemination and use of passwords; authorize, monitor, and control access to and use of your account and password; and promptly inform us of any need to deactivate an account.

You grant us the right to transmit, monitor, retrieve, store and use your information in connection with the operation of our web site. PECFOA and Citizens Financial Group (CFG) do not assume any responsibility or liability for any information you submit to the web site or for your or third parties’ use or misuse of information transmitted or received using the web site.

PRIVACY

Information Collection and Use

PECFOA is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in any way that varies from the uses disclosed in this statement. PECFOA collects information from our users at several different points on our web site. Personal information, such as a user’s email address, name, address and other contact information may be gathered from you on a voluntary basis. Users need not submit this information to use the site.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Unless otherwise indicated, this information is not shared with anyone outside of PECFOA and/or its designated contractors. When shared with contractors, usage is for the purpose of analyzing user trends and demographics. No IP addresses will be shared with any third party other than for such research and reporting services for PECFOA’s internal use.

Sharing

Other than as indicated, we do not share our information with anyone, and we do not use your information for any purpose other than that for which it was collected originally. The demographic and personal information we gather is strictly for our use to communicate with our customers based on more personalized areas of interests.

Links

This web site contains links to other sites. Please be aware that PECFOA and CFG are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.

Notification of Changes

If we decide to change our privacy policy, we will make best efforts to post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

Except as otherwise indicated, this web site and its entire contents (including, but not limited to, the text, information, software, graphics, images, sound, and animation) are owned by PECFOA or others and are protected by domestic and international copyright, trademark, and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain) owned by the Private Equity CFO Association, and the overall design of this web site are ©2001-2010 Private Equity CFO Association. All rights reserved. Permission is granted to download and print materials from this web site for the sole purposes of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this web site, whether in electronic or other form, without our express prior written permission or the express permission of the relevant owner of is strictly prohibited.

All trademarks, service marks, and trade names are proprietary to us or to other respective owners that have granted us the right and license to use their marks.

DIGITAL MILLENNIUM COPYRIGHT NOTICE

We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others.

If you believe that your work has been copied and is accessible at our web site in a way that constitutes copyright infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.

Our agent for notice of claims of copyright infringement on or regarding this web site can be reached as follows:

BY MAIL:

Private Equity CFO Association
c/o Citizens Financial Group
28 State Street
Boston, MA 02109

BY TELEPHONE: (617) 994-7406

BY EMAIL: christopher.p.kerrigan@citizensbank.com or heidi.deiner@citizensbank.com

Repeat infringers’ accounts will be terminated.

MATERIALS POSTED BY VISITORS

By posting, uploading, submitting, linking, or otherwise sending any materials to us or to our web site, you grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology.

You also represent that you have all necessary rights to use any material that you post or otherwise upload to our web site.

Please do not send PECFOA anything that constitutes a trade secret or confidential and proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to PECFOA will not be considered confidential or proprietary.

DISCLAIMER

PECFOA and CFG do not warrant the accuracy, currency or completeness of the information or the reliability of any advice, opinion, statement or other materials displayed on, or distributed through, this web site. The information set forth on this web site may contain inaccuracies and typographical errors. You acknowledge that nay reliance on any such opinion, advice, statement, memorandum or materials will be at your own risk.

THE MATERIALS AND INFORMATION ON OUR WEB SITE ARE PROVIDED “AS IS.” PECFOA AND CFG SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR INFORMATION PROVIDED AT THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES OUR WEB SITE AVAILABLE OR ANY ADVERTISED OR HYPERLINKED SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITE, SERVER(S), ADVERTISED OR HYPERLINKED SITES WILL BE ACCESSIBLE AT ALL TIMES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR WEB SITE WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION AND RELEASE

By accessing our web site, you agree to indemnify us and any parent, subsidiary or affiliated entities, our officers and employees, and officers and employees of any parent, subsidiary or affiliated entities and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of our web site and any services or products available through our web site. In addition, you hereby release us and any parent, subsidiary or affiliated entities, our officers and employees, and officers and employees of any parent, subsidiary or affiliated entities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any services or products available at our web site. You hereby agree to waive all laws that may limit the efficacy of such releases.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PECFOA OR CFG BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that our web site contains links to other web sites and outside services and resources, we do not control the availability and content of those web sites, services or resources, nor do we necessarily review or endorse materials available at or through such other web sites. Viewing other web sites or utilizing outside services and resources is done at your own risk.

MISCELLANEOUS

You agree not to disrupt, modify or interfere with the functioning of our web site or any services provided on or through our web site or with any associated software, hardware or servers in any way and you agree not to impede or interfere with others’ use of our web site. You also agree not to alter or tamper with any information or materials on, or associated with, our web site or services provided on or through our web site.

These Terms are governed by the substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. You agree that any claims or legal actions arising out of or relating to these Terms or your use of our web site shall be commenced and maintained only in a state or federal court located in the Commonwealth of Massachusetts, and you hereby submit to the jurisdiction and venue of any such court in connection with any such claim or action.

If any provision or portion of these Terms is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.

Failure to abide by any portion of these Terms shall revoke your privilege to visit our web site. We may take appropriate steps to block your access and/or institute any other appropriate measures at our sole discretion.

If you have any questions regarding these Terms, contact us at (617) 994-7406.

Private Equity CFO Association
c/o Citizens Financial Group
28 State Street
Boston, MA 02109