New York Hedge Fund Roundtable
The following terms and conditions (the “Membership Terms & Conditions,” or “Agreement”) govern membership in The New York Hedge Fund Roundtable® (“NYHFR”), a New York not-for-profit corporation, and the benefits available to members of NYHFR (“you” or “Member”). YOU ARE URGED TO READ THE MEMBERSHIP TERMS & CONDITIONS CAREFULLY.
1. Description of NYHFR Benefits. Each Member is entitled to receive any benefits offered by NYHFR in its sole discretion (the “Benefits”). All Benefits are subject to discontinuation, change, modification, improvement or substitution without notice and NYHFR makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereto.
2. Membership Term; Renewals. A Member shall be entitled to all of the Benefits available to Members of NYHFR for a period of 12 calendar months, commencing on the date the Member’s application for membership is accepted (the “Membership Term”). For example, if a Member’s application for membership were accepted on June 1, 2011, the Membership Term with respect to such Member would be June 1, 2011 through May 31, 2012. Members must renew their membership each year. NYHFR reserves the right, at its sole discretion, to (i) change the terms and conditions of this Agreement at any time, with or without notice to any Member, and (ii) cancel a Member’s membership at any time and for any reason, including, but not limited to, conduct or behavior by such Member that NYHFR deems to be not in the best interest of NYHFR.
3. Electronic Disclosure and Consent. Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications in electronic form. NYHFR will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided. It is your responsibility to maintain accurate contact information in your member profile and contact NYHFR immediately if your electronic mail address changes and you are unwilling or unable to update the information online. You can contact NYHFR to inform NYHFR of such changes through the website. Your submission of an electronic application also constitutes your consent for NYHFR to disclose the name of your employer or the organization you identify in your member profile on the website or in other promotional materials on an anonymous basis. For example, if you indicate in your member profile that you are employed by “Bank A,” NYHFR may disclose on the website that it has members affiliated with Bank A. At no time will NYHFR provide your personal information to a third party or disclose an individual Member's affiliations without his or her prior written consent.
4. Membership Fee; Renewal Fees. The current NYHFR membership fee is $100.00 (the “Membership Fee”) and is payable upon submission of the membership application each year. Any Member who uses a debit card as the designated credit card account acknowledges that NYHFR will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of the Membership Fee to a debit card provided by the Member.
5. Right to Cancel Membership; Refund of Membership Fee. Members have the right to cancel their membership in the NYHFR at any time. A Member may cancel his or her membership in the NYHFR by sending such request to email@example.com. If a Member cancels his or her membership before the end of a Membership Term for which such Member has paid the Membership Fee, such Member will not receive a refund of such Membership Fee or any portion thereof. If a Member’s membership is cancelled by NYHFR pursuant to Section 2, such Member will not receive a refund of the Membership Fee or any portion thereof.
6. Disclaimer of Liability. NYHFR shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third-party sponsor, affiliate or vendor (“Vendor”). No Vendors are employees, partners or joint venture partners with NYHFR. NYHFR shall have no liability in regard to any services provided, or to be provided, by any Vendor. You agree that claims with regard to services shall be made against the Vendor providing or performing such services and not NYHFR. Although NYHFR upon request by the Member will endeavor to intervene in conjunction with a Member experiencing a problem or discrepancy with a Vendor, in the event any service is canceled, modified, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, or merchant of the service for any satisfaction of claim.
7. Member Representation and Obligations. You hereby acknowledge that (a) you have read the “Membership Terms & Conditions” carefully, and understand the provisions of the billing method for the payment of the annual Membership Fee; (b) you, or the NYHFR, may cancel your membership in the NYHFR at any time prior to the conclusion of the then-current Membership Term and you will not be entitled to a refund of the Membership Fee or any portion thereof; (c) the Membership Term will not renew automatically effective the first day following the conclusion of the existing Membership Term unless you elect to renew in accordance with this Agreement; (d) the Benefits of membership in the NYHFR are not assignable without the express written consent of NYHFR; (e) you will use your membership only for personal, non-commercial use; and (f) the NYHFR may disclose the name of your employer or the organization listed in your member profile on the website or other promotional materials on an anonymous basis as described in Section 3.
8. Governing Law. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of New York.
9. Disclaimer of Warranties. ALL BENEFITS AND INFORMATION AVAILABLE TO MEMBERS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE ABOVE, NO WARRANTY OR GUARANTY IS GIVEN REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, CONTENT, DATA, OR BENEFIT PROVIDED OR AVAILABLE TO MEMBERS THROUGH THE WEBSITE OR OTHERWISE THROUGH HIS OR HER MEMBERSHIP IN THE NYHFR.
10. General Release. Each Member, for himself or herself, and on behalf of any person who uses the Benefits offered by the NYHFR (“Membership Beneficiary”), hereby forever releases, acquits and discharges NYHFR from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member’s legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the enjoyment of any and all Benefits available through the NYHFR. The sole recourse available to a Member, Membership Beneficiary or their legal representatives shall be the cancellation of the Membership.
11. Receipt of Mail. NYHFR cannot guarantee that it receives any mail that a Member claims to have sent. Each Member should, at his or her own expense, send any notices to NYHFR at “The New York Hedge Fund Roundtable, 555 Eighth Avenue, Suite 1902, New York, New York 10018” in a form to ensure that his or her communication arrived at NYHFR, which form may include but not be limited to FedEx, UPS, USPS Return Receipt Requested and USPS Certified Mail.
12. Entire Agreement. The foregoing Membership Terms & Conditions contain the entire terms and agreements in connection with membership in the NYHFR and no representations, inducements, promises or agreement, or otherwise, between NYHFR and a Member not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.
13. Successors and Assigns. Except as otherwise provided herein, the terms of the foregoing Membership Terms & Conditions shall be binding upon and inure to the benefit of NYHFR and each Member as well as their respective successors and permitted assigns. Neither this Agreement nor any of the Benefits of membership in the NYHFR, rights, interests or obligations hereunder shall be assigned by a Member without the express written consent of NYHFR. Any attempted assignment made in contravention of this Agreement shall be null and void and of no force or effect.