We are a social and career network for finance professionals.
Provio’s goal is to allow finance professionals to network and advertise their skills via the Confidential Resume Database. To that end, we make services available through our website.
1.2. Scope and Intent
When you use Provio, you are entering into a legal agreement and you agree to all of these terms.
2. Your Obligations
2.1. Applicable laws and this Agreement
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained herein.
2.2. License and warranty for your submissions to Provio
You grant us a license to the information you provide us. You own the information you provide Provio under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Provio a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Provio, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Provio, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Provio profile information accurate and updated.
2.3. Service Eligibility
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are at least twenty five years old or older; (2) have at least five years of investment banking, private equity, hedge fund or asset management experience at a reputable and recognized firm that can be verified; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Provio account, (3) are not a competitor of Provio or are not using the Services for reasons that are in competition with Provio; (4) will only maintain one Provio account at any given time; (5) will use your real name and only provide accurate information to Provio; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Provio, including intellectual property rights such as copyright, patent or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
2.4. Your Membership
The profile you create on Provio will become part of Provio and except for the information that you license to us is owned by Provio. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Provio account to another party; and (5) not charge anyone for access to any portion of Provio, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit Provio’s Help Center.
You agree not to invite, refer, vouch or otherwise help or enable anyone to gain membership or access to Provio who does not have at least five years of investment banking, private equity, hedge fund or asset management experience at a reputable and recognized firm.
2.5 Confidential Resume Database
You understand that the Confidential Resume Database (“CRD”) can be used by third party recruiters and other members of Provio and that communication between a party interested in communicating with you will be double blind. Provio will take steps to redact your name and contact information from the CRD but no guarantee can be made that your identity will be kept confidential. Further, there can be no guarantee that your identity will be kept confidential during communication between yourself and any interested parties.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Provio.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Paid Services”), you agree to Provio storing your payment information. You also agree to pay the applicable fees for the Paid Services as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your Paid Services. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Provio does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Paid Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Provio’s Paid Services are subject to this Agreement and any additional terms related to the provision of the Paid Service.
2.8. Notify Us of Acts Contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2.9. Notifications and Service Messages
For purposes of service messages and notices about the Services, Provio may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Provio to an email address associated with your account, even if we have other contact information. You also agree that Provio may communicate with you through your Provio account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Provio account or services associated with Provio. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
2.10. User-to-User Communication and Sharing
Provio offers various forums such as Groups and Teams (together “Groups”), where you can post your observations and comments on designated topics. Provio also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site. Provio members can create Groups for free, however, Provio, in its sole discretion, may close or transfer Groups, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and Provio cannot guarantee that other Members will not use the ideas and information that you share on Provio. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it anywhere on Provio. Provio is not responsible for another person’s misuse, misrepresentation or misappropriation of any content or information you post on Provio.
2.12. Export Control
Your use of Provio services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
2.13. Contributions to Provio
By submitting ideas, suggestions, documents, or proposals (“Contributions”) to Provio through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Provio is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Provio shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Provio may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Provio rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Provio under any circumstances.
3. Your Rights
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser or mobile device (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Provio or its Members), to view information and use the Services that we provide on Provio webpages and in accordance with this Agreement. Any other use of Provio contrary to our purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Provio and all related items, including any and all copies made of the Provio website.
4. Our Rights & Obligations
4.1. Services Availability
Provio shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Provio as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Provio, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Provio or by direct communication to you unless otherwise noted. Provio further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Provio to be contrary to this Agreement. For avoidance of doubt, Provio has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
4.2. Third Party Sites and Developers
4.3. Disclosure of User Information
4.4. Connections and Interactions with other Members
You are solely responsible for your interactions with other Members. Provio may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Provio reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Provio determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
4.5. Intellectual Property Notices
The Service includes the copyrights, patents and Intellectual property rights of Provio and except for the limited license granted to you in Section 3, Provio reserves all of its intellectual property rights in the Service. Provio, its logos and other trademarks, service marks, graphics, and logos used in connection with Provio are trademarks or registered trademarks of Provio in the U.S. and/or other countries. Other trademarks and logos used in connection with Provio may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you. Do not rely on Provio or its suppliers, any information therein, or its continuation. We provide the platform for Provio and all information and services on an “as is” and “as available” basis. Provio does not control or vet user generated content for accuracy. We do not provide any express warranties or representations. to the fullest extent permissible under applicable law, Provio and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by Provio or anything related to Provio, you may close your Provio account and terminate this agreement in accordance with section 7 (“termination”) and such termination shall be your sole and exclusive remedy. Provio is not responsible, and makes no representations or warranties for the delivery of any messages sent through Provio to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Provio does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, Provio disclaims all liability for identity theft or any other misuse of your identity or information by others. Provio does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Provio disclaims all liability for damages caused by any such interruption or errors in functioning. furthermore, Provio disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Provio site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
6. Limitations of Liability
Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you. Neither Provio nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Provio Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Provio. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that Provio may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
7.1. Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Provio pursuant to Section 9.3. This notice will be effective upon Provio processing your notice. Provio may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Provio account includes disabling your access to Provio and may also bar you from any future use of Provio.
7.2. Misuse of the Services
Provio may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; who does not have at least five years of investment banking, private equity, hedge fund or asset management experience at a reputable and recognized firm that can be verified, abusing the Provio messaging services; creating multiple or false profiles; using the Services commercially without Provio’s authorization, infringing any intellectual property rights, violating any of the clauses listed in Section 10, or any other behavior that Provio, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Provio has adopted a policy of terminating accounts of Members who, in Provio’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
7.3. Effect of Termination
Upon termination of your Provio account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).
8. Dispute Resolution
8.1. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Bristih Virgin Islands regardless of your country of origin or where you access Provio, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Provio agree that all claims arising out of or related to this Agreement must be resolved exclusively by a court located in British Virgin Islands, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. Notwithstanding the above, you agree that Provio shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8.2. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. General Terms
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
9.3. Notices and Service of Process
In addition to Section 2.8. (“Notices and Service Messages”), we may notify you via postings on www.provio.com. You may contact us here. Any notices that you provide without compliance with this section shall have no legal effect.
9.4. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Provio regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Provio services, third-party content or third party software.
9.5. Amendments to This Agreement
9.6. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Provio Affiliate shall be deemed legally binding on any Provio Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Provio.
9.7. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than Provio, Inc., that Provio, Inc. owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
9.9. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Provio, Inc. for any third party that assumes our rights and obligations under this Agreement.
9.10. Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
As a condition to access Provio, you agree to this User Agreement and to strictly observe the following:
10.1. To undertake the following:
Here’s a list of some of the specific things we ask you to do and not do on Provio.
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by Provio concerning the Services;
- Use the Services in a professional manner; and
- Use your real name on your profile.
10.2. To not undertake the following:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Provio;
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
- Create a Member profile for anyone other than a natural person;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using Provio;
- Invite people you do not know to join your network or who does not have at least five years of investment banking, private equity, hedge fund or asset management experience at a reputable and recognized firm that can be verified;
- Upload a profile image that is not your likeness or a head-shot photo;
- Use or attempt to use another’s account or create a false identity on Provio;
- Upload, post, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Provio);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Provio invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Provio to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Provio or any user of Provio;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
- Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Provio (excluding content posted by you) except as permitted in this Agreement, Provio’s developer terms and policies, or as expressly authorized by Provio;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from Provio to provide any service that is competitive, in Provio’s sole discretion, with Provio;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Provio unless you have entered into a written agreement with Provio (this includes, but is not limited to, representing yourself as an accredited Provio trainer if you have not been certified by Provio as such);
- Adapt, modify or create derivative works based on Provio or technology underlying the Services, or other Members’ content, in whole or part, except as permitted in writing by Provio;
- Rent, lease, loan, trade, sell/re-sell access to Provio or any information therein, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize a Provio Group or any other service or functionality of Provio, without the express written permission of Provio;
- Deep-link to the Site for any purpose, (i.e. creating or posting a link to a Provio web page other than Provio’s home page) unless expressly authorized in writing by Provio;
- Remove any copyright, trademark or other proprietary rights notices contained in or on Provio, including those of both Provio and any of its licensors;
- Remove, cover or otherwise obscure any form of advertisement included on Provio;
- Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Provio except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Share information of non- Members without their express consent;
- Infringe or use Provio’s brand, logos, patents or trademarks, including, without limitation, using the word “Provio” in any business name, email, or URL or including Provio’s trademarks and logos except as expressly permitted by Provio;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
- Use bots or other automated methods to access Provio, add or download contacts, send or redirect messages, or perform other similar activities through Provio, unless explicitly permitted by Provio;
- Access, via automated or manual means or processes, Provio for purposes of monitoring Provio’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Provio’s website;
- Attempt to or actually access Provio by any means other than through the interfaces provided by Provio such as by navigating tohttp://www.provio.com using a web browser. This prohibition includes accessing or attempting to access Provio using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Provio;
- Attempt to or actually override any security component included in or underlying Provio;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Provio’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Provio personnel, attempting to gain unauthorized access to Provio, or transmitting or activating computer viruses through or on Provio; and/or
- Interfere or disrupt or game Provio or the Services, including, but not limited to, any servers or networks connected to Provio, or Provio’s search algorithms.
11. Complaints Regarding Content Posted on the Provio Website
We built Provio to help you be a more successful professional. To achieve this purpose, we encourage our Members to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Provio provides a process for submission of complaints concerning content posted by our Members. Submit complaints about content or other infringement here