Terms & Conditions

In using this website consultmbr.com, you are deemed to have read and agreed to the following terms and conditions:

1. Definitions
The following definitions apply to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and/or using our services thereby accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing NY Law or Jewish Law in the instance where both parties are from such religious denomination. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2.  Disclaimer
The content of this website is provided free of charge for informational purposes only and does not constitute legal advice. Legal advice should only be obtained directly from a licensed attorney. M. Ben Reich is neither an attorney nor a government entity and is not affiliated with any government entity.
All our web sites, products and services are provided, as is, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Our company does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the web sites, products, services or written materials in the term of correct, accurate, reliable, current or otherwise. You assume the entire risk as to the results and performance of the web sites, products and services. If the web sites, products, services or written materials have caused damage or harm in any way, you, and not our company, assume the entire cost of all necessary servicing, repair or correction. No oral or written information or advice given by our company shall create a warranty in any way, shape or form.

3. Communication
We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

It is the burden of the Client to provide and update us with accurate information pertaining to their mailing address, telephone, fax, cellular phone and e-mail address etc. In the event that the information has changed and the client failed to update such change, the Company, where communicating with the Client was necessary in order to avoid a penalty or to file an appeal etc., will not be held responsible and is thereby relieved from the obligations under the terms of its agreement.
Unless otherwise directed, all communications received from a party related to a case that is being resolved by our Company should be forwarded to our attention in a timely manner.

4. Authorization
Unless otherwise stated therein that a written authorization is required for that specific matter described therein, no written authorization is required. We are the authorized representative of the Client by virtue of verbal appointment. In the event that a conflict arises as to the authorized representative, this signed Terms and Conditions will construe such appointment unless cancelled pursuant to item #8. Therefore, in order to protect your rights we suggest that you affix your signature at the place indicated on this agreement and forward it to us by either mail, fax or e-mail.

5. Fees
     a. Consulting
Our fee for consulting is $150.00 per half an hour or part thereof. Telephone, fax or email communications are not considered a billable consultation unless such an arrangement has been scheduled.
     b. Violations
Fees quoted include all necessary research, preparation and submissions to vacate defaults if required, adjudication, adjournments, reviewing the decision and order and filing an appeal. Included in the fee is also an initial consultation. In the event that the client prefers to discontinue our services after the process has already begun and is, for all intents and purposes, underway, our fee will then be calculated according to our consultation fee schedule, whichever is less.
     c. Estimate
Estimates will be provided for most other services provided by the Company. Keep in mind that an estimate is just a ballpark figure on what the fees and costs will be. The total amount is subject to change as circumstances change.

6. Reschedule and Adjournment
It is the discretion of the Company to decide whether a case should be rescheduled or adjourned. Unless a note of urgency has been conveyed by the client, cases will be scheduled according to our best interest. The client is obligated to provide requested documentation in a timely manner, rescheduling a case for failing to do so will incur additional fees.

7. Payment
Cash or Personal Check, all major Credit/Debit Cards via Paypal® or Google®, Bank check or money order are all acceptable methods of payment. Our terms are payment in full within ten days of the invoice date. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing prime interest rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $5,000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Returned checks will incur a $35 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.  

8. Cancellation Policy
Minimum 24 hours notice of cancellation is required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy the agreed upon fee if there wasn’t any cancellation notice and a charge equal to 50% of the agreed upon fee if cancellation was received within 24 hours, to cover any subsequent administrative expenses.

9.  Termination of Agreements and Refunds Policy
Both the Client and we have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services shall be refunded.

10. Availability
Unless otherwise stated, the services featured on this website are only available within the City of New York. You are solely responsible for evaluating the fitness for a particular purpose of any service, downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability 

11. Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

12. Website Links
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

13. Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

14. Superior Force
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of G-d, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

15. Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

16. General
This Agreement shall all be governed and construed in accordance with the laws of New York applicable to agreements made and to be performed in New York or Jewish Law in the event that both parties are a part of such religious denomination. You further agree that any legal action or proceeding between the Company and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. Any cause of action or claim you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred. By accessing this website, using our services or buying our products you consent to these terms and submit to its governing in all disputes arising out of such access. A signature is not required to validate this agreement. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions may be amended, modified, varied or supplemented without prior notice by duly authorized representatives of the Company.

17. Breach of Agreement
Notwithstanding any other provision in this Agreement or any applicable statutory provisions, neither party shall be liable to the other for special or consequential damages or damages for loss of use arising directly or indirectly from any breach of this Agreement, or from any tortuous acts or omissions of their respective employees or agents and in no event shall the liability of the parties exceed the value of this Agreement. The burden of proof lay on the party trying to establish a breach of agreement.

18. Indemnification
The Client shall indemnify and hold harmless the Consultant, its affiliates, their officers, agents and employees, against and from any and all liability; loss, damage, claims, suits, actions, demands, costs and expenses of whatsoever nature, including court costs and attorneys’ fees, arising from or growing out of any action or inaction, omissions, intentional, negligent or otherwise, of every nature and description, arising out of or as a result of the information and/or services provided and is within the scope of the work performed under this agreement or arises out of a breach of the agreement.

19. Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site and/or services will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

20. Guarantee and Discounts
guaranteeUnconditional RISK- FREE Guarantee !
We are confident that you will be pleased with our services, that we are able to guarantee, that we will refund our fee to you, in the event that we do not reduce any late penalty and interest that has been added to the violation as a result of your default. Some restrictions apply contact us for more details. Furthermore, if you would like to take advantage of our competitiors’ “lowest price guarantee” simply contact us with their written itemized quote along with their requirements.

21. Privacy Policy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
 
Information We Collect:
This notice applies to all information collected or submitted on consultmbr.com website. On some pages, you can make requests, and register to receive materials. The types of personal information collected at these pages are:
Name
Address
Email address
 
The Way We Use Information:
We use the information you provide about yourself when submittting a request only to complete that request. We do not share this information with outside parties except to the extent necessary to complete that request.
We use the information you provide about someone else when submitting a request only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that request.
We use return email addresses to answer the email we receive. We may ocassionally send a news bulletin to introduce a new service or service update. Such addresses are not used for any other purpose and are not shared with outside parties.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
 
22. Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
 
23. How To Contact Us:
Should you have other questions or concerns about these privacy policies, please send us an email.

These terms and conditions form part of the Agreement between the Client and us. Your accessing of this website and/or using our products and/or services indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.   

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