Terms and Conditions
Agreement between User and www.nyhfr.org
Welcome to www.nyhfr.org. The www.nyhfr.org website (the “Site”) is comprised of various web pages operated by The New York Hedge Fund Roundtable (“NYHFR”). www.nyhfr.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.nyhfr.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.nyhfr.org is a Social Networking Site. We seek to enable, engage, and educate through our forums of thought leaders in the investment community to advance the industry along the highest ethical standards.
Nothing contained in the Site constitutes investment, legal or tax advice. Neither the information, nor any opinion contained in the Site constitutes a solicitation or offer by NYHFR to buy or sell any securities, futures, options or other financial instruments. We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Decisions based on information contained on the Site or gained through your attendance at any one of our seminars or your subsequent communication with any third party manager are your sole responsibility.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NYHFR is not responsible for third party access to your account that results from theft or misappropriation of your account. NYHFR and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
NYHFR does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.nyhfr.org only with permission of a parent or guardian.
New York Hedge Fund Roundtable membership dues are not refundable and membership is individual and non-transferable.
Links to Third Party Sites/Third Party Services
www.nyhfr.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of NYHFR and NYHFR is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NYHFR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NYHFR of the site or any association with its operators.
Certain services made available via www.nyhfr.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.nyhfr.org domain, you hereby acknowledge and consent that NYHFR may share such information and data with any third party with whom NYHFR has a contractual relationship to provide the requested product, service or functionality on behalf of www.nyhfr.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NYHFR or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NYHFR content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NYHFR and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NYHFR or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your NYHFR account to third party accounts. By connecting your NYHFR account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by NYHFR from our offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the NYHFR Content accessed through www.nyhfr.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless NYHFR, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NYHFR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NYHFR in asserting any available defenses.
Any dispute relating to these Terms, which is not resolved after the parties’ attempt at amicable negotiations, shall be finally settled by arbitration. If such a dispute arises, either party may initiate arbitration proceedings by filing a demand for arbitration with the other party at the New York office of the American Arbitration Association (the “AAA”). All arbitration proceedings shall be conducted before an arbitrator selected in accordance with the Commercial Rules of Arbitration of the AAA. All arbitration proceedings shall be conducted in accordance with the Commercial Rules of Arbitration of the AAA, except that, for a period of 60 days following the date the demand for arbitration was filed, the parties shall be entitled to the rights of discovery authorized under the Federal Rules of Civil Procedure; provided, that such rights are exercised in a reasonable manner. All arbitration proceedings shall be held in New York. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The arbitrator’s award resulting from such arbitration may be confirmed and entered as a final judgment in any court of competent jurisdiction and enforced accordingly.
The enforcement of any arbitration award or any legal action or proceeding relating in any way to any other matter concerning any arbitration proceeding may be brought and enforced in the United States District Court for the District of New York; provided, that, if for whatever reason the United States District Court for the District of New York will not or cannot hear such action or proceeding, it may be brought and enforced in the courts of the State of New York.
The parties hereto hereby irrevocably waive any objection which they may now or thereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with the enforcement of any arbitrator’s award or any other matter relating to any arbitration proceeding brought in the aforementioned courts, and hereby further irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient or improper forum.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NYHFR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NYHFR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NYHFR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NYHFR reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of New York, without regard to conflicts of laws provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NYHFR as a result of your use of the Site.
The offering and use of this Site is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of NYHFR’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NYHFR with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original term and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire terms and conditions with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NYHFR with respect to the Site.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall it constitute a waiver of any other right or provision, at any time in the present or the future. The headings herein are provided for convenience only, and are not of any force or effect in construing any provision of these terms.
Changes to Terms
NYHFR reserves the right, in its sole discretion, to change the Terms under which www.nyhfr.org is offered. The most current version of the Terms will supersede all previous versions. NYHFR encourages you to periodically review the Terms to stay informed of our updates. By using this Site after NYHFR has posted changes to these Terms, you are agreeing to be bound by these Terms as amended.
NYHFR welcomes your questions or comments regarding the Terms:
- Email: [email protected]
- Phone: 646.278.6739
Effective as of November 1, 2016