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Last updated: June 7, 2026 We are the Canadian Association of New York, Inc., doing business as CANY, and the Canadian Association of New York Foundation, Inc. (collectively, "Company," "we," "us," "our"), non-profit organizations registered in the State of New York, United States, located at 30 W 44th St, New York, NY 10036. We operate the website https://www.canadanyc.com (the "Site"), the mobile application CANY App (the "App"), and any other related products and services that refer or link to these Legal Terms (collectively, the "Services"). You can contact us by phone at (+1) 646-970-3297, by email at [email protected], or by mail at 30 W 44th St, New York, NY 10036, United States. These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and the Canadian Association of New York, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. We reserve the right to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms. You are responsible for periodically reviewing these Legal Terms to stay informed of updates. The Services are intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records. Table of Contents
1. Our ServicesThe Canadian Association of New York, Inc. (CANY) is a 501(c)(7) non-profit membership organization whose purpose is to serve as the principal focal point of the Canadian community in New York City; to promote friendly and positive social relations among Canadians, between Canadians and Americans, and between Canadians and the international community; and to foster goodwill between Canada and the United States. CANY also supports the Canadian Association of New York Foundation, Inc. (the "Foundation"), a 501(c)(3) charitable organization. The Services facilitate membership enrollment, event registration, and access to member benefits. Membership in CANY entitles members to purchase tickets to CANY events and to participate in CANY programs, subject to these Legal Terms and CANY's By-Laws. The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws. 2. Intellectual Property RightsOur intellectual propertyWe are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only. Your use of our ServicesSubject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. Your submissionsBy directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 3. User RepresentationsBy using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services. 4. Membership EligibilityMembership in CANY is governed by CANY's By-Laws and the New York Not-for-Profit Corporation Law ("N-PCL"). Not all users of the Services are eligible for membership. To be admitted as a member of CANY, a person or entity must:
CANY offers the following classes of membership, each subject to the applicable membership fee as determined by the Board of Directors from time to time: Regular, Student, Corporate, Club, Life, Non-Resident, Club Honorary, and Honorary. The specific rights, privileges, and fee obligations of each membership class are set forth in CANY's By-Laws. Membership may not be transferred by a member to any other individual or entity. By applying for or renewing membership through the Services, you represent that you meet the applicable eligibility requirements. CANY reserves the right to decline or revoke membership for any person who does not meet these requirements. 5. User RegistrationYou may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 6. Membership Fees and PaymentWe accept the following forms of payment: Visa, Mastercard, American Express, and Discover. Annual membership fees are set by the Board of Directors of CANY from time to time, as authorized under CANY's By-Laws. The current annual fee for Regular membership is $20.00 USD. Fees for other membership classes may differ and will be displayed at the time of enrollment or renewal. You agree to provide current, complete, and accurate payment and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be in US dollars. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services. 7. Membership & Auto-RenewalAutomatic Renewal — Key Terms (Clear and Conspicuous Disclosure)PLEASE READ THIS SECTION CAREFULLY. IF YOU ENROLL IN AUTO-RENEWAL, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOUR PAYMENT METHOD WILL BE CHARGED ON AN ANNUAL BASIS UNTIL YOU CANCEL. The following are the material terms of CANY's automatic renewal offer:
Affirmative Consent RequiredAuto-renewal is optional. You must affirmatively opt in to auto-renewal. By enrolling in auto-renewal, you expressly authorize CANY to charge your payment method on a recurring annual basis without requiring your prior approval for each charge, until you cancel. Post-Enrollment ConfirmationUpon enrollment in auto-renewal, you will receive a written confirmation by email setting forth: (i) the membership fee to be charged; (ii) the renewal period; (iii) the date on which your payment method will next be charged; and (iv) instructions for how to cancel. Please retain this confirmation for your records. Annual Renewal ReminderBecause CANY memberships renew on an annual basis, we will send you a renewal reminder notice no fewer than 15 days and no more than 45 days before your annual renewal date. This notice will include the renewal price, the charge date, and instructions for opting out before renewal. Receipt of this first notice triggers your renewal window (see "Renewal Window and Opt-Out" below), during which you may update your membership settings, including your auto-renewal preference. If you do not opt out before the renewal date, your payment method will be charged and your membership will renew for another year. Renewal Window and Opt-OutWhen your first annual renewal reminder is sent, your account enters a renewal window — a period during which you can review and update your membership settings, including your auto-renewal preference. This window opens no more than 45 days and no fewer than 15 days before your renewal date and remains open until your renewal date. You may opt out of auto-renewal during this window in either of the following ways:
If you do not opt out before your renewal date, your payment method will be charged and your membership will renew for another year. Price ChangesIf the Board of Directors increases the annual membership fee applicable to your membership class, we will notify you of the new fee in advance of your next renewal date. You will have the opportunity to cancel your membership before the increased fee takes effect. If you do not cancel before the renewal date following the price change notice, you will be deemed to have consented to the new fee. Manual RenewalIf you do not enroll in auto-renewal, your membership will expire at the end of your membership year. You may manually renew your membership by logging into your account at canadanyc.com during your active renewal window. Lapsed memberships may be subject to re-enrollment and re-approval under CANY's By-Laws. 8. Refund and Cancellation PolicyMembership FeesMembership fees are non-refundable. Pursuant to CANY's By-Laws (Article II, Section II.3), no resignation or removal of a member entitles such member to a refund of any fees, dues, or assessments paid. This applies whether a member resigns voluntarily or is removed by the Board of Directors. Event TicketsCANY's refund policy for event tickets is as follows:
CANY reserves the right to cancel or reschedule events. In the event of a CANY-initiated cancellation, ticket holders will be notified and offered a refund or credit toward a future event at CANY's discretion. 9. Prohibited ActivitiesYou may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
10. User Generated ContributionsThe Services may provide you with the opportunity to create, submit, post, display, transmit, or distribute content and materials to us or on the Services, including text, writings, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). When you create or make available any Contributions, you represent and warrant that:
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services. 11. Contribution LicenseYou and CANY agree that we may access, store, process, and use any information and personal data that you provide, following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. 12. Mobile Application LicenseUse LicenseIf you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App strictly in accordance with the terms and conditions of this mobile application license. You shall not: (1) decompile, reverse engineer, disassemble, or decrypt the App; (2) make any modification, adaptation, improvement, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor or commercial enterprise for which it is not designed or intended; or (6) use any proprietary information or any of our interfaces or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App. Apple and Android DevicesThe following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor"): (1) the license granted to you is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in these Legal Terms; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may refund the purchase price, if any; (4) you represent and warrant that you are not located in a country subject to a US government embargo; and (5) you must comply with applicable third-party terms of agreement when using the App. 13. Third-Party Websites and ContentThe Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility in relation to such purchases. 14. Services ManagementWe reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. 15. Privacy PolicyWe care about data privacy and security. Please review our Privacy Policy at https://canadanyc.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States and expressly consent to have your data transferred to and processed in the United States. 16. Term and TerminationTHESE LEGAL TERMS SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. Termination of your account does not affect any rights or obligations that arose prior to termination, including with respect to unpaid membership fees or event refund determinations. 17. Modifications and InterruptionsWe reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith. 18. Governing LawThese Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles. 19. Dispute ResolutionBinding ArbitrationIf the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration may be conducted in person, through the submission of documents, by phone, or online. Except where otherwise required by applicable AAA rules or applicable law, the arbitration will take place in Manhattan, New York. If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Manhattan, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such courts. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. RestrictionsThe Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to ArbitrationThe Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. 20. CorrectionsThere may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. 21. DisclaimerTHE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES. 22. Limitations of LiabilityIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. 23. IndemnificationYou agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. 24. User DataWe will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 25. Electronic Communications, Transactions, and SignaturesVisiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. 26. California Users and ResidentsIf any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 27. MiscellaneousThese Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. Nothing in these Legal Terms shall be construed to limit or modify any rights that members of CANY hold pursuant to CANY's By-Laws or the New York Not-for-Profit Corporation Law (N-PCL). In the event of a conflict between these Legal Terms and CANY's By-Laws, the By-Laws shall control with respect to matters of membership governance. 28. Contact UsIn order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: Canadian Association of New York, Inc. |
