Use of www.toolbox4success.com (“Site”) and any aspect of its content material or contained information on the Siteis subject to the following terms and conditions.  “Use” means an individual or entity’s encounter or unique experience with the Site regardless of duration, including but not limited to any viewed text, images, photographs, sounds, videos, illustrations, designs, icons, animations, software, binary data, and other materials (“Content”). By using the Site and/or its Content, you hereby agree to the following terms and conditions and acknowledge reading them, along with this Site’s Privacy Policy.

Any reference to “Toolbox” on this Site refers to The Toolbox for Real Estate Agent Success. Any reference to “AGMB” on this Site refers to Abrams Garfinkel Margolis Bergson, LLP, a New York limited liability partnership. Any reference to “REBNY” on this Site refers to The Real Estate Board of New York. Use of the term “you,” refers to the person using the Site and Content.

The Site and all its Content has been prepared by AGMBfor general educational purposes. The information presented is not legal advice, is not to be relied on as such, may not be current, and is subject to change without notice. AGMB also specifically disclaims and discloses the following concerning the Site and its Content:

No recipients of Content from this Site should act or refrain from acting on the basis of any Content included in the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this Site or any links or resources contained within the Site do not create an attorney-client relationship between the reader, user, or browser and AGMB. The Content of this website contains general educational information and may not reflect current legal developments, verdicts, or settlements.The Content on this Site is provided “as is.” No representations are made that the Content is error-free. AGMB expressly disclaims all liability in respect to actions taken or not taken based on any or all the Content of this website.

Subscription Terms and Conditions 

Subscription

Your Toolbox membership will continue and automatically renew for the same term as the initial subscription term until terminated. To use the Toolbox, you must have internet access and provide us with a payment method. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time. You must cancel your subscription by following the below described Cancellation procedures before your subscription automatically renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see “Billing and Cancellation” below).

We may offer a number of subscription plans. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Toolboxsubscription by visiting the Site and clicking on the “My Account” link.

Free Trials

Your Toolbox subscription may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new members to try the service. You may only redeem a free trial once.

Free trial eligibility is determined by AGMB at its sole discretion and AGMB may limit eligibility or duration to prevent free trial abuse. AGMB reserves the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Users with an existing or recent Toolboxsubscription are not eligible. AGMB may use information such as device ID, method of payment or an account email address used with an existing or recent Toolboxsubscription to determine eligibility.

In the event you are eligible and receive a free trial, when the free trial period concludes, AGMB will collect your Payment Method information and charge your subscription fee for the next billing cycle to your Payment Method. Thereafter, your membership will automatically renew at the end of each billing cycle unless you cancel your membership prior to the end of the current billing cycle. To view the applicable subscription price and end date of your free trial period, visit the Site and click the “My Membership” link on the “My Account” page.

Billing and Cancellation

Billing Cycle: The subscription fee for the Toolbox service and other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your “My Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Subscription fees are fully earned upon payment. In some cases your payment date may change.  For example,your payment date may change if your Payment Method has not successfully been charged. Visit the Site and click on the “My Account” page to see your next payment date.

Payment Method: To use the Toolbox service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method.

Updating your Payment Method: You can update your Payment Method by going to the “My Account” page and clicking on “Payment Methods.” We may also update your Payment Methods using information provided by the payment service providers or by you. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

Cancellation: You can cancel your Toolboxsubscription at any time, and you will continue to have access to the Toolbox service through the end of your billing period. To cancel, go to the “My Account” page on the Site, click on “My Membership” and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period and you will not or be entitled to receive a refund of any payments made for that billing cycle. To see when your account will close, click “My Membership” on the “My Account” page.

Changes to the Price and Subscription Plans: We reserve the right to change our subscription plans and/or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

No Refunds: Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at AGMB’s sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

No Attorney-Client Relationship or Legal Advice

Content you receive by, in, to, or through this Site and your use of that Content should not be construed as legal advice on any subject matter, or to answer specific legal problems you may have. Such content (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should neither act nor refrain from acting upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon website communications or advertisements.

While AGMB tries to ensure the accuracy of the Content, it cannot guarantee that all of the Content is accurate. You should be aware that the law is constantly changing and varies by circumstance. Therefore, information on a given law or legal issue may not be current or apply to your particular situation.

Do not send us confidential information related to you or your company until you speak with one of AGMB’s attorneys and obtain authorization to send that information to us. Any information you do send to us through e-mail through this Site is not secure and you are providing it to us on a non-confidential basis. Providing such information does not constitute or create an attorney-client relationship. Without an attorney-client relationship in the matter, AGMB cannot assure you that your communications will be privileged or (unless AGMB otherwise agrees in a specific case) that AGMB will treat them as such. AGMB accepts clients only after a conflicts resolution process has been cleared and a written agreement on representation has been signed by the prospective client and AGMB.

Attorney Licensing & Specialization

Although this Site may be viewed world-wide and although AGMB has offices in several jurisdictions, AGMB is not licensed to practice law in every jurisdiction. Unless otherwise stated, attorneys in AGMB’S offices are not solicitors or barristers in countries outside the United States.

Attorney Advertising / No Guarantee of Results

This Site is not intended as advertising or solicitation in any jurisdiction where the Site would be so characterized and fail to comply with all applicable laws and ethical rules of that jurisdiction. AGMB does not seek to represent anyone based solely upon a visit to this Site or upon advertising, or where to do so would not comply with applicable local laws and rules.

Under New York Lawyer’s Code of Professional Responsibility, and in some other states, some materials contained on this Site may be considered attorney advertising.

Content on this Site may include descriptions of successful client representations, strategies or outcomes in matters, including transactional and adversarial proceedings. Statements about prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. AGMB intends no assurance and makes no guarantee or prediction (i) that it will be successful in new matters, even if such matters involve similar facts and circumstances, or (ii) that AGMB is successful in all matters. Some photos on this web site may be of actors and not of clients or firm personnel.

Links

This Site may directly or indirectly provide links to or accept links from websites of other parties. AGMB does not control or maintain the material presented by other persons in their websites. The inclusion of any link on this Site does not imply any association or relationship between AGMB and the sponsor of the linked website and does not constitute or imply any endorsement, approval, or sponsorship of the linked website by AGMB, or the endorsement, approval, or sponsorship of AGMB by the sponsor of the linked website. Inclusion of such links does not authorize or imply authorization to use any protected rights of others contained in such links. AGMB does not assume any responsibility for the content, accuracy, or completeness of material presented directly or indirectly in linked sites. If you use any of these links, you will leave the Site.

Without AGMB’s prior written consent, you agree not to link material on this Site to another website, or associate or frame material in this Site with another web page or materials of any other entity. If AGMB permits such link, association, or framing, you must agree to include or link with it this Disclaimers and Terms of Use Web page and to immediately terminate the link, association, or framing at AGMB’s request, unless AGMB otherwise expressly agrees.

No Warranty or Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL CONTENT AVAILABLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. AGMB MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY OF ITS CONTENT. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE SITE WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR-FREE, THAT THE SITE OR AGMB’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL OTHERWISE MEET YOUR EXPECTATIONS.

AGMB periodically adds, changes, improves, or updates the Content on this Site without notice. AGMB does not represent or warrant that such information is or will be always up-to-date, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. You assume all responsibility for your use of, or access to, this Site, including your access to any Content obtained through the Site, and waive all claims or causes of action against AGMB, its partners, officers, employees, agents, or affiliates in connection therewith.

AGMB Copyright and Intellectual Property Rights

Unless otherwise noted, all Content that is part of this Site or any other ABMB website is protected intellectual property owned, controlled, or licensed by AGMB under copyright law, trademark law, trade dress, or other laws governing intellectual property. You may download and view material on this Site for your personal, temporary, non-commercial viewing only. No part of these materials may otherwise be copied, reproduced, stored, republished, uploaded, posted, transmitted, or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented, without the prior written permission from AGMB.

Without limiting the foregoing, appearing on this Site are registered trademarks of Abrams Garfinkel Margolis Bergson LLP.

Miscellaneous Disclosures and Information

AGMB designates, to the extent that any jurisdiction requires designation, AGMB’s New York Office as AGMB’s principal office and host server location and Neil Garfinkel as the attorney responsible for this site.

Any disputes concerning this Site, its Content, or the use thereof shall be governed by New York law (without regard to conflicts of law principles), and any proceeding which may arise out of or in connection with this Site shall be brought solely in a court in New York, New York.