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Membership Agreement

BEEKMAN NYC LLC
Membership Agreement

Effective January 1, 2020

 

Beekman NYC LLC (“Beekman New York”) members enjoy special privileges, including:

  • Exclusive access to the Beekman New York showroom in Manhattan via appointment;
  • Invitations to Beekman New York Member-only events, including Beekman New York’s gem school and other learning opportunities;
  • On-line previews of new and unique jewelry pieces, with special borrowing access; and
  • Shorter or longer, more-flexible borrowing periods of 8, 16, or 24-days.

 

To become a member, please read and accept the following Membership Agreement between Beekman NYC LLC (“Beekman New York” or the “Company”) and you (“you,” “your,” or , “Client”). This Membership Agreement supplements your Client Agreement, the Terms and Conditions of use, and our Privacy Policy, which can be found at beekmannyc.com/privacypolicy, all of which are still effective and incorporated herein as your “Agreement.”

The Membership term is one year, and under this Agreement, memberships will automatically renew for one year unless you cancel it. Clients must be at least 18 years old to purchase a Membership. Memberships are for your personal use. You may not make commercial use of a Beekman New York Membership.

Membership Fees and Payment. If you choose to become a Member, you agree to pay Beekman New York $69.00 a month for one year (“Membership Fee”). The Membership Fee will be billed monthly to the method of payment you input after accepting this Agreement. Memberships are non-cancelable, non-refundable, and non-transferable, and may not be pro-rated for less than one year.

If a payment is rejected or if your method of payment cannot be billed, such that the Membership Fee is not received in a timely manner, we may charge you a late fee. This fee is not an interest charge, finance charge, or other charge of a similar nature. Similarly, if a payment is returned by your financial institution, we may charge you a fee. This fee is not an interest charge, finance charge, or other charge of a similar nature and it is reasonably related to the actual expense we incur due to unsatisfied payment. We reserve the right to waive any of these fees at our discretion.

If your Membership Fees are not paid, we reserve the right to cancel your membership.

Any taxes incurred, which may vary based on the address on your account, are your responsibility.

Canceling and Automatic Renewal. A Membership will continue for one year and will automatically renew for one-year periods, and unless you cancel prior to that renewal, your Subscription is cancelled by us, or you select a different Plan. Your account will automatically be charged to the method of payment you selected when you executed your Client Agreement at the rates in effect at the time of each renewal, plus fees and taxes. If you do not accept the change in pricing, you have the right to reject the change by unsubscribing prior to the change taking effect. Changes in pricing will take effect at the start of the next year following the date of the price change.

If you wish to not renew your Membership at the end of your one-year period, you must send an email to concierge@beekmannyc.com and request that your Membership not be renewed no fewer than 14 days prior to when your Membership otherwise would automatically renew

We may cancel your Membership if you fail to pay for your Membership Fees or other fees remain unpaid on your account (including fees incurred under your Client Agreement), breach of any Agreement you have with Beekman New York, or for any other reason in our sole discretion. If your Membership is cancelled, you are responsible for payment of any outstanding balances on your account, including any fees you may incur or may have incurred, as described herein.

Changes in Terms. We reserve the right to change this Agreement at any time. Any changes will be effective upon posting of the revisions at beekmannyc.com reflecting the new effective date. Your continued use of Beekman New York’s services following the posting of the changes will constitute your acceptance of such changes.

We reserve the right to change, rearrange, add, or delete Member offerings at any time, without notice.

Limitation of Liability/ Dispute Resolution; Arbitration. Your Client Agreement contains provisions regarding limitations of liability, dispute resolution, and arbitration of disputes. These provisions can be found here: beekmannyc.com/clientagreement and, along with all of the provisions of the Client Agreement, apply to this Agreement.

In particular, you agree that any dispute between us may be resolved by binding arbitration on an individual basis. By agreeing to this Agreement and binding arbitration you are waiving your right to go to court, including the right to a jury.

Please read the provisions of this section carefully. It provides that any dispute may be resolved by binding arbitration. This means that you are hereby waiving the right to go to court, including the right to a jury. In arbitration, a dispute is resolved by an arbitrator, or a panel of arbitrators, instead of a judge or jury. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration, which shall be binding.

You may begin an arbitration proceeding by sending a letter requesting arbitration to:

Beekman NYC
Attn: Legal
29 E 61st St.
New York, NY 10065

You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Beekman NYC will reimburse those fees for claims totaling less than $10,000. Likewise, Beekman NYC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Class Action Waiver. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (“Class Action Waiver”). The arbitrator is empowered to resolve the Claim with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other Member. A “Claim” does not include any challenge to the validity and effect of the Class Action Waiver, which must be decided by a court. There shall be no right or authority for any claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, as a private attorney general, or other Members, or other persons similarly situated. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

The Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or cannot be enforced, then the parties’ agreement to arbitrate (except for this sentence) shall be null and void, subject to the right to appeal any limitation or invalidation of the Class Action Waiver. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. If this entire agreement to arbitrate is determined to be null and void, then the parties agree that any actions shall be brought in the State or Federal courts of New York, New York.