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Términos de Servicio · Iberlux Insurance Agency LLC

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Terms of Service

Iberlux LLC Operating: iberluxseguros.com · Iberlux Motor de Leads · Iberlux Academy · Iberlux Affiliate Program

Effective Date: [INSERT LAUNCH DATE · YYYY-MM-DD] Last Updated: April 30, 2026 Document Version: 2.0


ACCEPTANCE OF THESE TERMS · IMPORTANT NOTICE

PLEASE READ THESE TERMS OF SERVICE (THE “TERMS” OR “AGREEMENT”) CAREFULLY BEFORE ACCESSING OR USING ANY SERVICE OFFERED BY IBERLUX LLC. THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND IBERLUX LLC.

SECTION 17 (DISPUTE RESOLUTION) CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE DISPUTES WITH IBERLUX THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION AND, EXCEPT AS EXPRESSLY PERMITTED, WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS PURSUANT TO SECTION 17.7.

By (i) clicking “I Agree,” “Get My Quote,” “Continue,” “Enroll,” “Submit,” “Sign Up,” “Create Account,” or any equivalent affirmative button or checkbox; (ii) accessing, browsing, or using any portion of the Service; (iii) submitting any form on the Site; (iv) creating an account; (v) purchasing the Iberlux Academy course or any other paid product; or (vi) enrolling in the Iberlux Affiliate Program — You acknowledge that You have read, understood, and agree to be bound by these Terms, the Privacy Policy, the TCPA Disclosure, and any product- or program-specific terms incorporated herein by reference.

If You do not agree to all of these Terms, You must immediately cease accessing and using the Service.


1. Definitions

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below:

1.1 “Account” means a registered user account created on or through the Service, including a Course Account or Affiliate Account.

1.2 “Affiliate Agreement” means the separate Iberlux Affiliate Program Agreement governing participation in Iberlux’s referral and commission program, incorporated by reference into these Terms as set forth in Section 10.

1.3 “Agent” means a state-licensed insurance producer, including any natural person employed by, contracted with, or appointed by Iberlux or by a Lead Buyer to solicit, place, service, or quote Insurance Products.

1.4 “Applicable Law” means all federal, state, local, and foreign statutes, regulations, rules, orders, and binding judicial precedent applicable to a party or to the Service, including without limitation the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (“FAA”); the Telephone Consumer Protection Act, 47 U.S.C. § 227, and 47 C.F.R. § 64.1200 (“TCPA”); the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq. (“GLBA”); the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq. (“E-SIGN Act”); and all applicable state insurance codes and consumer protection statutes.

1.5 “Carrier” means an insurance company, fraternal benefit society, health plan, managing general agent, or other underwriter authorized under Applicable Law to issue Insurance Products.

1.6 “Course” or “Iberlux Academy” means the digital educational product offered by Iberlux at price points ranging from US$197 to US$397 (or such other amounts as Iberlux may publish), including but not limited to the Launch Tier, Regular Tier, and Founder Cohort, together with all associated written, audio, video, software, downloadable, and community-access components.

1.7 “Content” means any text, data, image, audio, video, software, code, prompt, artificial-intelligence output, lead magnet, course material, marketing copy, design, template, trademark, logo, or other material made available through the Service.

1.8 “Effective Date” means the date set forth at the top of this document, or, with respect to a particular User, the date on which such User first manifests assent to these Terms.

1.9 “Iberlux,” “we,” “us,” or “our” means Iberlux LLC, a [INSERT STATE OF FORMATION] limited liability company, together with its parents, subsidiaries, affiliates, successors, and permitted assigns.

1.10 “Insurance Product” means any product offered, quoted, or facilitated through the Service, including without limitation life insurance, dental insurance, health insurance (including plans available through the federal or state Marketplaces under the Patient Protection and Affordable Care Act, “ACA”), final expense insurance, indexed universal life insurance (“IUL”), supplemental insurance, and auto insurance.

1.11 “Lead Buyer” means a third-party licensed insurance agency, agent, carrier, aggregator, or marketing partner with whom Iberlux shares User information for the purpose of Insurance Product solicitation, as further described in the Privacy Policy.

1.12 “Privacy Policy” means the Iberlux Privacy Policy located at iberluxseguros.com/privacy, as updated from time to time.

1.13 “Service” or “Services” means, collectively, (a) the Iberlux Motor de Leads quote-request website at iberluxseguros.com and any subdomains, mobile applications, APIs, and related properties (the “Lead Generation Service”); (b) the Iberlux Academy course platform and related community, software, and content (the “Course Service”); (c) the Iberlux Affiliate Program portal and reporting dashboard (the “Affiliate Service”); and (d) any other product, feature, communication, or offering provided by Iberlux.

1.14 “Site” means iberluxseguros.com and any subdomain, mobile site, or successor property operated by Iberlux.

1.15 “TCPA Disclosure” means the prior-express-written-consent language presented at the point of form submission on the Site, as further described in Iberlux’s TCPA Disclosure documentation.

1.16 “User,” “You,” or “Your” means any natural person who accesses or uses the Service, including visitors, registrants, Course purchasers, Affiliate program participants, and persons submitting quote requests.

1.17 “User Content” means any Content submitted, transmitted, posted, displayed, uploaded, or otherwise made available by a User through or in connection with the Service, including testimonials, reviews, free-text form entries, community posts, comments, and audio/video submitted to Iberlux.


2. Eligibility

2.1 Age and Residency. The Service is offered solely to natural persons who (a) are at least eighteen (18) years of age (nineteen (19) in Alabama and Nebraska, twenty-one (21) in Mississippi, where required by state law for capacity to contract); (b) are legal residents of the United States; (c) reside in a U.S. state in which Iberlux holds (or its appointed Lead Buyers hold) an active resident or non-resident insurance producer license, where applicable; and (d) possess the legal capacity to enter into and perform this Agreement.

2.2 No Children. The Service is not directed to and may not be used by individuals under the age of eighteen (18). Iberlux does not knowingly collect personal information from minors. If Iberlux becomes aware that personal information of a minor has been collected, such information will be deleted in accordance with the Privacy Policy and the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501 et seq.

2.3 Multi-State Licensing. Iberlux is a duly licensed insurance producer in the states listed at iberluxseguros.com/licensing (currently eleven (11) states; the “Licensed States”). The list of Licensed States is updated periodically and is incorporated by reference. Where Iberlux is not directly licensed, quote requests may be fulfilled through appointed and licensed Lead Buyers.

2.4 Representation. By accessing or using the Service, You represent and warrant that each of the foregoing eligibility requirements is satisfied as of the Effective Date and shall remain satisfied throughout Your use of the Service.


3. Account Creation and Security

3.1 When Required. No Account is required to browse the public Site or to submit a quote-request form. An Account is required to (a) access the Course Service; (b) participate in the Affiliate Service; or (c) access certain gated features designated by Iberlux.

3.2 Registration. When creating an Account, You shall (a) provide accurate, current, and complete information; (b) maintain and promptly update such information; and (c) accept responsibility for all activities that occur under Your credentials.

3.3 Credential Security. You are solely responsible for safeguarding Your username, password, and any multi-factor authentication device. You shall not share Your credentials with any other person. Sharing of Course Account credentials is grounds for immediate termination of access without refund, as further described in Section 9.

3.4 Notice of Compromise. You shall promptly notify Iberlux at security@iberlux.com of any actual or suspected unauthorized access to Your Account.

3.5 Identity Verification. Iberlux reserves the right to verify Your identity at any time by reasonable means and to suspend Account access pending verification.


4. Description of Services

4.1 Lead Generation Service (Free to User). The Lead Generation Service permits U.S. consumers, with a particular focus on the Hispanic community, to request quotes for Insurance Products. Use of the Lead Generation Service is free of charge to the User. By submitting a quote request, You authorize Iberlux to (a) provide quotes from one or more appointed Carriers; (b) connect You with an Agent (employed by Iberlux or by an affiliated agency) to discuss Insurance Products; and/or (c) share Your information with one or more Lead Buyers, as further described in the Privacy Policy and the TCPA Disclosure.

4.2 Iberlux is a Licensed Producer · Not a Carrier. Iberlux is a licensed insurance producer (broker/agent). Iberlux is not an insurance carrier. Iberlux does not underwrite policies, set premiums, accept premium payments on a fiduciary basis except as authorized under appointment, issue policies, adjudicate claims, or pay claims. Any Insurance Product issued through the Service constitutes a contract between You and the Carrier and is governed by the terms of the Carrier’s policy document and Applicable Law.

4.3 Iberlux Academy (Paid Digital Product). Iberlux Academy is a paid online educational program designed for licensed and licensable insurance producers and entrepreneurs seeking to scale Hispanic-market insurance practices. Course Service tiers, pricing, and inclusions are described at iberluxseguros.com/academy and are governed by Section 9.

4.4 Affiliate Program. Iberlux operates a referral and commission program permitting qualifying Users to earn commissions on referred Course sales and, where permitted by Applicable Law, on certain Insurance Product placements. Participation is governed by the Affiliate Agreement and Section 10.

4.5 Carrier Approval and Underwriting. Quotes provided through the Lead Generation Service are estimates only and are not binding offers of insurance. Final premium, eligibility, coverage limits, exclusions, and policy terms are determined exclusively by the Carrier upon completion of underwriting in accordance with the Carrier’s guidelines and Applicable Law.

4.6 No Tax · Legal · Financial · Medical Advice. Content and communications provided through the Service are for informational and educational purposes only. Iberlux does not provide tax, legal, financial-planning, accounting, investment, or medical advice. You should consult a qualified, licensed professional regarding Your particular circumstances.

4.7 State Free-Look Period. Following delivery of an issued policy, You may have the right to examine the policy and return it for a full refund of premium during a state- mandated “free-look” period, which generally ranges from ten (10) to thirty (30) days depending on the state, the line of insurance, and Your age. The exact free-look period applicable to Your policy is set forth in the policy document. Iberlux does not control the free-look period; it is governed by the Carrier’s policy and Applicable State Law.

4.8 Compensation Disclosure. Iberlux receives compensation from Carriers and Lead Buyers in the form of commissions, per-lead fees, overrides, contingent compensation, and similar consideration. This compensation creates a financial incentive that may influence which products and partners are presented to You. Iberlux discloses this arrangement and recommends that You compare alternatives before binding any policy.


5. User Obligations and Representations

5.1 Accurate Information. You represent and warrant that all information You submit through the Service — including without limitation name, date of birth, address, phone number, email, health representations, smoker status, employment information, and household composition — is true, accurate, current, and complete.

5.2 Authority. You shall not submit information for any person other than Yourself unless You are an authorized representative with documented legal authority (such as a power of attorney or court order) to act on that person’s behalf, and You provide such documentation to Iberlux upon request.

5.3 No Fraud or Misrepresentation. You shall not (a) submit false, misleading, or fictitious information; (b) misrepresent Your identity, age, residency, or insurability; (c) impersonate another person or entity; (d) use a stolen, unauthorized, or synthetic identity; or (e) otherwise engage in any act that would constitute insurance fraud, identity theft, or wire fraud under federal or state law.

5.4 No Automated or Unauthorized Access. You shall not (a) use any robot, spider, scraper, crawler, headless browser, or other automated means to access, monitor, copy, or extract content or data from the Service except as expressly authorized by Iberlux in writing; (b) submit forms via automated tooling; (c) attempt to manipulate lead-scoring, attribution, conversion-tracking, or A/B-testing systems; (d) circumvent rate limits, IP restrictions, CAPTCHAs (including hCaptcha), or any technical access controls; (e) reverse-engineer, decompile, or disassemble any portion of the Service; or (f) extract or reuse any portion of the Service other than as expressly permitted by these Terms.

5.5 No Resubmission After Opt-Out. If You revoke consent or opt out of contact, You shall not resubmit Your information through the Service unless You affirmatively intend to re-consent through a new, fully completed form.

5.6 Compliance with Law. You shall use the Service only in compliance with Applicable Law and these Terms.

5.7 Tax Reporting. You are solely responsible for the tax treatment of any payment, commission, refund, or other consideration received through the Service. Iberlux will issue IRS Form 1099-NEC, 1099-MISC, or other applicable tax reporting forms where required by law based on calendar-year aggregate compensation paid.


6. Insurance Product Disclaimers · CRITICAL

6.1 Iberlux Acts as Producer. Iberlux acts in the capacity of a licensed insurance producer (agent/broker), and not as a Carrier, fiduciary, investment adviser, or attorney.

6.2 Carrier-Issued Coverage Only. All coverage is issued, underwritten, and serviced by the Carrier. Until a policy is issued and the initial premium is paid (and any contingencies are satisfied), no coverage exists. Conditional receipts, if any, are governed by the Carrier’s specific terms.

6.3 Quotes Are Estimates. Any rate, premium, benefit illustration, or coverage scenario displayed through the Service is an estimate based on the information You provide and is subject to change based on underwriting, medical information, motor vehicle reports, prescription history, attending physician statements, telephonic interviews, financial verification, and other underwriting determinations.

6.4 No Guarantee of Approval. Iberlux does not guarantee that You will be approved for any Insurance Product, that any specific premium or rate class will be available to You, or that any Carrier will accept Your application.

6.5 State Variance. Coverage availability, premium, exclusions, riders, and policy language vary by state. Some products are not available in all states.

6.6 Free-Look Periods. As described in Section 4.7, state law provides a free-look period during which You may return the policy for a refund. Free-look terms are stated in the issued policy.

6.7 No Tax · Legal · Financial · Medical Advice. As stated in Section 4.6, content is informational only.

6.8 Hispanic-Market Notice. Iberlux serves a substantial Spanish-speaking population. Spanish-language Content is provided as a courtesy. In the event of any conflict between the English and Spanish versions of these Terms, the English version shall control to the maximum extent permitted by law. Where Applicable State Law (e.g., California Civil Code § 1632) requires delivery of contract translations, Iberlux complies with such requirements through Carrier-issued documents.


7. Communications · Electronic Records · TCPA

7.1 E-SIGN Consent. By accepting these Terms, You consent under the E-SIGN Act and applicable state Uniform Electronic Transactions Acts (“UETA”) to (a) receive these Terms, the Privacy Policy, and any other notices, disclosures, or records electronically; and (b) the use of electronic signatures, including click-through assent, as legally binding manifestations of agreement. You may withdraw E-SIGN consent at any time by emailing legal@iberlux.com; withdrawal may impair Your ability to use the Service.

7.2 TCPA Consent. TCPA-related calls, texts, and prerecorded/artificial voice messages are governed by the TCPA Disclosure presented at the point of form submission, which is incorporated by reference into these Terms. Submission of a quote-request form constitutes prior express written consent within the meaning of the TCPA and 47 C.F.R. § 64.1200(f)(9).

7.3 Email Communications. By providing an email address, You consent to receive transactional and operational communications from Iberlux, and, where You have so consented, marketing communications. Marketing emails contain an unsubscribe mechanism.

7.4 Right to Opt Out. You may opt out of marketing communications as set forth in the Privacy Policy and TCPA Disclosure, including by replying STOP to SMS messages, unsubscribing from emails, or contacting privacy@iberlux.com.


8. Course Terms · Iberlux Academy

This Section 8 governs the Course Service. In the event of conflict between this Section and any product page, this Section controls.

8.1 Tiers and Pricing. Iberlux Academy is offered in multiple tiers, including the Launch Tier (US$197), Regular Tier (US$297), and additional or successor tiers (up to US$397) (collectively, “Standard Tiers”), as well as a limited-availability Founder Cohort. Pricing is stated in U.S. dollars and is exclusive of applicable sales, use, or similar transaction taxes, which You are solely responsible for paying.

8.2 Payment Processing. Course payments are processed by Stripe, Inc., or another payment processor designated by Iberlux. By purchasing the Course, You also agree to the applicable processor’s terms of service. Iberlux does not store full payment-card numbers; storage and processing comply with PCI DSS through the processor.

8.3 14-Day Money-Back Guarantee (Standard Tiers). For purchases of any Standard Tier, Iberlux offers a fourteen (14) calendar-day money-back guarantee from the date of purchase. To request a refund, You must email refunds@iberlux.com from the email address associated with Your purchase, identify the order, and request a refund within the fourteen-day window. Refunds will be issued to the original payment method, less any processor fees that are non-refundable to Iberlux. The 14-day guarantee does not apply to the Founder Cohort, which is sold on final-sale terms as expressly disclosed at the point of purchase.

8.4 Founder Cohort · Lifetime Access. The Founder Cohort grants lifetime access to current Course Content and substantive future updates released within the same product line, subject to (a) continued compliance with these Terms; (b) Iberlux’s right to discontinue the product line as described in Section 8.10; and (c) the limitations in Section 13. “Lifetime” means the operational lifetime of the Course Service, not the User’s biological lifetime.

8.5 Subscription Components. If any Course tier or add-on is offered on a subscription basis (e.g., a recurring community membership), the subscription will renew automatically at the then-stated rate until cancelled. You may cancel a subscription at any time through the Account dashboard or by emailing support@iberlux.com. Cancellation takes effect at the end of the then-current billing period. No prorated refunds will be issued for partial billing periods except where required by Applicable Law.

8.6 License to Course Content. Subject to payment of all applicable fees and Your continued compliance with these Terms, Iberlux grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Course Content solely for Your own personal and internal business educational purposes.

8.7 Restrictions on Course Content. You shall not (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Course Content; (b) resell, sublicense, lease, rent, or share access to Course Content; (c) use Course Content to develop, train, or fine-tune any artificial-intelligence model except for Your private, internal use; (d) use Course Content to compete with Iberlux Academy, including by creating a substantially similar competing course; or (e) remove or alter any proprietary notices.

8.8 Credential Sharing Prohibited. Sharing of Course Account credentials with any other person is a material breach of these Terms. Upon detection of credential sharing (including through device fingerprinting, IP analytics, or impossible-travel signals), Iberlux may immediately suspend or terminate the Account without refund and pursue any other remedies available at law or in equity.

8.9 Chargebacks. If You initiate a chargeback or payment dispute outside the money-back guarantee process, Iberlux reserves the right to (a) suspend Your Account immediately; (b) recover the disputed amount plus reasonable processing costs and attorneys’ fees; and (c) treat such conduct as a material breach.

8.10 Discontinuation. Iberlux may discontinue the Course Service in its entirety upon no less than ninety (90) days’ written notice to active enrolled Users. In such event, Iberlux will provide Founder Cohort and active subscription Users with reasonable download-only access to existing Course materials for a period of not less than ninety (90) days following discontinuation, or with a prorated refund where required by Applicable Law.

8.11 No Earnings Guarantee. Iberlux Academy presents educational and motivational material. Iberlux makes no representation, guarantee, or warranty regarding income, earnings, results, business success, license attainment, or any other outcome. Outcomes depend on numerous factors outside Iberlux’s control, including Your effort, market conditions, regulatory environment, and personal circumstances.


9. (Reserved · See Section 8 above for Course Terms)

Sections renumbered. Section 9 of the prior version is incorporated into Section 8 above. This placeholder preserves cross-reference integrity.


10. Affiliate Program

10.1 Separate Agreement. Participation in the Iberlux Affiliate Program is governed by the separate Iberlux Affiliate Program Agreement, which is incorporated by reference into these Terms. In the event of conflict between these Terms and the Affiliate Agreement with respect to Affiliate Service matters, the Affiliate Agreement controls.

10.2 Independent Contractor. Affiliates are independent contractors, not employees, partners, joint venturers, or agents of Iberlux. Affiliates have no authority to bind Iberlux to any obligation.

10.3 Lawful Promotion Only. Affiliates shall promote the Service only through methods that comply with Applicable Law, including without limitation the TCPA, the CAN-SPAM Act, the Federal Trade Commission’s Endorsement Guides (16 C.F.R. Part 255), and all state insurance-marketing rules. Unsolicited SMS, robocalling, cookie stuffing, trademark bidding on Iberlux marks, fake testimonials, deceptive earnings claims, and similar practices are strictly prohibited and grounds for immediate termination and forfeiture of unpaid commissions.

10.4 Insurance-Related Referrals. No person may receive a commission, override, or other consideration for referring an Insurance Product transaction unless that person is appropriately licensed under Applicable Law. Where the Affiliate is not licensed, the Affiliate Agreement limits compensation to lawful finder’s fees, where permitted, or to non-insurance products such as the Course.

10.5 Tax Treatment. Affiliates are responsible for all taxes on commissions received. Iberlux issues IRS Form 1099-NEC where required.


11. Intellectual Property

11.1 Iberlux Ownership. As between You and Iberlux, Iberlux and its licensors own all right, title, and interest, including all intellectual-property rights, in and to the Service and the Iberlux Content. The Service and Iberlux Content are protected by the U.S. Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), the Defend Trade Secrets Act (18 U.S.C. § 1836 et seq.), and other Applicable Law.

11.2 Limited User License. Subject to Your continued compliance with these Terms, Iberlux grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for Your personal, non-commercial purposes (or, in the case of the Course Service, for the limited educational purposes described in Section 8) and only as expressly permitted by these Terms.

11.3 No Implied Rights. No license or right is granted by implication, estoppel, or otherwise. All rights not expressly granted are reserved by Iberlux and its licensors.

11.4 Trademarks. “Iberlux,” “Iberlux Seguros,” “Iberlux Academy,” “Motor de Leads,” and the associated logos and marks (collectively, the “Iberlux Marks”) are trademarks of Iberlux LLC. All other trademarks, service marks, trade names, and logos appearing on the Service are the property of their respective owners. You shall not use any Iberlux Mark without Iberlux’s prior written consent, except (a) as expressly permitted by the Affiliate Agreement; or (b) for nominative fair use as recognized under U.S. trademark law.

11.5 User Content License. By submitting User Content (including testimonials, endorsements, photographs, video, audio, free-text form responses, community posts, support communications, and survey responses), You grant Iberlux and its sublicensees a worldwide, royalty-free, fully paid, sublicensable, transferable, perpetual, irrevocable license to host, store, reproduce, modify, create derivative works from, publish, publicly display, publicly perform, distribute, and otherwise use such User Content in any media now known or later developed, for any lawful purpose, including marketing, training of internal AI/ML systems, and operation of the Service. You waive, to the maximum extent permitted by law, any moral rights in the User Content.

11.6 Endorsements. If Your User Content includes a testimonial or endorsement, You acknowledge that the Federal Trade Commission’s Endorsement Guides (16 C.F.R. Part 255) require honest disclosure of material connections and accurate description of typical results. You represent that Your User Content is truthful and reflects Your actual experience.

11.7 Feedback. Any suggestions, ideas, or feedback You voluntarily submit regarding the Service (“Feedback”) are non-confidential, and Iberlux may use, disclose, and exploit Feedback without obligation or compensation to You.

11.8 DMCA Notice and Takedown · 17 U.S.C. § 512. Iberlux respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act. If You believe Content available through the Service infringes Your copyright, please send a written notice containing the elements required by 17 U.S.C. § 512(c)(3) to Iberlux’s Designated Agent:

DMCA Designated Agent Iberlux LLC · Attn: DMCA Agent [INSERT PHYSICAL ADDRESS · CITY · STATE · ZIP] Email: dmca@iberlux.com Telephone: 1-800-XXX-XXXX (Designated Agent registration with the U.S. Copyright Office: [INSERT REGISTRATION NUMBER UPON FILING via dmca.copyright.gov].)

A valid notice must include: (a) physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material with sufficient detail to permit location; (d) Your contact information; (e) a statement of good-faith belief that use is not authorized; and (f) a statement under penalty of perjury that the information is accurate and that You are authorized to act on behalf of the copyright owner. Misrepresentations may result in liability under 17 U.S.C. § 512(f).

11.9 Counter-Notification. If You believe Your Content was removed in error, You may submit a counter-notification to the Designated Agent with the elements required by 17 U.S.C. § 512(g)(3).

11.10 Repeat Infringer Policy. Iberlux will terminate, in appropriate circumstances, the Accounts of Users who are determined to be repeat infringers.


12. Prohibited Conduct

You shall not, and shall not authorize, encourage, or enable any third party to:

(a) violate any Applicable Law (including TCPA, CAN-SPAM, GLBA, HIPAA, COPPA, state insurance code, state UDAP statutes, or anti-money-laundering law);

(b) submit false, misleading, fraudulent, or stolen-identity information;

(c) interfere with, disrupt, or place an unreasonable load on the Service, its infrastructure, or its security mechanisms;

(d) probe, scan, or test the vulnerability of the Service except pursuant to a written coordinated-disclosure agreement;

(e) introduce any virus, worm, trojan, ransomware, time bomb, or other malicious code;

(f) reverse-engineer, decompile, disassemble, or attempt to derive source code from any portion of the Service, except to the extent such restriction is prohibited by Applicable Law;

(g) use the Service to send spam, unsolicited commercial communications, or content that violates the TCPA, CAN-SPAM, or DNC rules;

(h) harvest, scrape, mine, or extract Content or data from the Service except as expressly permitted in writing;

(i) circumvent or attempt to circumvent any technical limitation, rate limit, paywall, authentication, or licensing control;

(j) infringe any intellectual-property right, right of publicity, right of privacy, or contract right of any third party;

(k) post, upload, or transmit Content that is defamatory, obscene, hateful, threatening, discriminatory, harassing, or that depicts the sexual exploitation of minors;

(l) impersonate any person, misrepresent affiliation, or use the Service in a manner intended to deceive consumers about the source or nature of Insurance Products;

(m) engage in any activity that would, in Iberlux’s reasonable judgment, jeopardize Iberlux’s relationship with a Carrier or its insurance-producer license;

(n) use any Iberlux Mark in a manner likely to cause confusion or dilute the mark; or

(o) attempt to do any of the foregoing.


13. DISCLAIMER OF WARRANTIES

13.1 AS-IS · AS-AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE IBERLUX CONTENT, ALL QUOTES, ALL COURSE CONTENT, ALL AFFILIATE-PROGRAM MATERIALS, AND ALL RELATED INFORMATION AND COMMUNICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

13.2 WARRANTIES DISCLAIMED. IBERLUX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND THIRD-PARTY SERVICE PROVIDERS (COLLECTIVELY, THE “IBERLUX PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OF TRADE, OR PERFORMANCE.

13.3 NO GUARANTEE. WITHOUT LIMITING THE FOREGOING, THE IBERLUX PARTIES DO NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY QUOTE, COVERAGE, OR INSURANCE PRODUCT WILL BE APPROVED, ISSUED, OR PAID; (E) THE COURSE CONTENT WILL ACHIEVE ANY PARTICULAR EDUCATIONAL, BUSINESS, INCOME, OR LICENSURE OUTCOME; OR (F) ANY THIRD-PARTY SERVICE INTEGRATED WITH THE SERVICE WILL FUNCTION AS REPRESENTED.

13.4 STATE LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. IN SUCH JURISDICTIONS, THE WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT AND SHORTEST DURATION PERMITTED BY APPLICABLE LAW.


14. LIMITATION OF LIABILITY

14.1 EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE IBERLUX PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, STATUTORY-MULTIPLIER, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE), EVEN IF AN IBERLUX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

14.2 AGGREGATE CAP. THE AGGREGATE LIABILITY OF THE IBERLUX PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100); OR (B) THE AMOUNTS YOU HAVE ACTUALLY PAID TO IBERLUX UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY.

14.3 APPLICATION TO ALL CLAIMS. THE LIMITATIONS IN THIS SECTION 14 APPLY TO ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND IBERLUX. THE PARTIES ACKNOWLEDGE THAT THE FEES (IF ANY) HAVE BEEN SET AND THE SERVICE IS OFFERED IN RELIANCE UPON THESE LIMITATIONS.

14.4 STATE LIMITATIONS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR PERSONAL INJURY. NOTHING IN THIS SECTION 14 LIMITS LIABILITY THAT, AS A MATTER OF LAW, CANNOT BE LIMITED. IN SUCH JURISDICTIONS, THE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14.5 STATUTORY CARVE-OUTS. Nothing in these Terms limits or waives any non-waivable right You may have under (a) the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 et seq.; (b) the New Jersey Consumer Fraud Act, N.J. Stat. § 56:8-1 et seq.; (c) the Massachusetts Consumer Protection Act, M.G.L. c. 93A; (d) the California Consumers Legal Remedies Act, Cal. Civ. Code § 1750 et seq.; (e) the New York General Business Law § 349 and § 349-c; (f) the California Civil Code § 1670.5 (the “McGill rule” relating to public injunctive relief); or (g) any other non-waivable consumer-protection statute.


15. Indemnification

15.1 By You. To the maximum extent permitted by Applicable Law, You shall defend, indemnify, and hold harmless the Iberlux Parties from and against any and all claims, demands, actions, suits, proceedings, judgments, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) Your access to or use of the Service; (b) Your User Content; (c) Your breach or alleged breach of these Terms or the Privacy Policy; (d) Your violation of any Applicable Law (including TCPA, CAN-SPAM, GLBA, HIPAA, FCRA, or state insurance statutes); (e) Your violation of any third-party right, including intellectual-property, publicity, or privacy rights; (f) any misrepresentation or omission of fact made by You; or (g) Your negligence or willful misconduct.

15.2 Procedure. Iberlux shall have the right, but not the obligation, to assume the exclusive defense and control of any matter for which You are required to indemnify Iberlux, in which event You shall reasonably cooperate. You may not settle any indemnified claim without Iberlux’s prior written consent. This Section 15 does not limit any other remedy available to Iberlux.


16. Termination

16.1 By You. You may terminate this Agreement at any time by ceasing all use of the Service and, where applicable, by deleting Your Account through the Account dashboard or by contacting privacy@iberlux.com.

16.2 By Iberlux. Iberlux may suspend, restrict, or terminate Your access to all or any part of the Service at any time, with or without cause and with or without notice, including in the event of (a) a breach or suspected breach of these Terms; (b) conduct that, in Iberlux’s reasonable judgment, exposes Iberlux to legal, regulatory, or reputational risk; (c) Iberlux’s discontinuation of the Service in accordance with Section 8.10 or otherwise; (d) a chargeback or fraudulent payment dispute; or (e) suspected credential sharing.

16.3 Effect of Termination. Upon termination, Your right to access and use the Service ceases immediately. Iberlux may delete or retain Your data in accordance with the Privacy Policy and Applicable Law. No refund is owed to a User whose Account is terminated for breach of these Terms, except as required by Applicable Law.

16.4 Surviving Provisions. Sections 1, 5, 6, 7, 8.6 through 8.11, 10.5, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28, and any other provision that by its nature is intended to survive termination, shall survive termination of this Agreement.


17. Dispute Resolution · Arbitration · Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND IBERLUX TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES YOUR RIGHT TO PROCEED IN COURT OR AS PART OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, EXCEPT AS EXPRESSLY PROVIDED. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS PURSUANT TO SECTION 17.7.

17.1 Federal Arbitration Act Governs. This Section 17 evidences a transaction in interstate commerce, and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (“FAA”), governs the interpretation and enforcement of this Section. The U.S. Supreme Court’s decisions in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), American Express Co. v. Italian Colors Restaurant, 570 U.S. 228 (2013), Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), and Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407 (2019), among others, confirm the enforceability of agreements requiring individual arbitration and the validity of class action waivers under the FAA. The parties intend that this Section be enforced to the maximum extent permitted by the FAA.

17.2 Scope of Arbitration. Except as expressly provided in Section 17.6, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the TCPA Disclosure, the Service, the Course Service, the Affiliate Service, any communication You receive from Iberlux or its Lead Buyers, or the relationship between You and Iberlux — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claim arose before, during, or after termination — shall be resolved exclusively by final and binding individual arbitration, and not in court.

17.3 Informal Dispute Resolution (Mandatory Pre-Arbitration Notice · 60 Days). Before initiating arbitration or any small-claims action, the party asserting the claim shall send a written notice describing the claim and the relief sought to: (a) for claims by You, Iberlux LLC, Attn: Legal Department, [INSERT PHYSICAL ADDRESS], with a copy to legal@iberlux.com; or (b) for claims by Iberlux, the most recent email and postal address on file for You. The parties shall negotiate informally in good faith for sixty (60) days. The notice must be individualized; a notice purportedly submitted on behalf of multiple consumers does not satisfy this requirement and does not toll any limitations period. The statute of limitations and any filing-fee deadlines are tolled during the 60-day period for the named claimant only.

17.4 Arbitration Forum and Rules. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the demand is filed (the “AAA Rules”), as modified by this Section. The AAA Rules are available at adr.org. If AAA is unavailable or declines to administer the arbitration, the parties shall jointly select an alternative reputable arbitration provider; if no agreement is reached within thirty (30) days, either party may petition a court of competent jurisdiction under FAA § 5 to appoint a substitute provider. The arbitrator shall be a retired judge or attorney experienced in consumer or insurance law.

17.5 Arbitration Procedure · Phased Mass-Arbitration Protocol. The following procedure applies to all arbitration demands under this Section. Recognizing recent developments in mass-arbitration practice (including but not limited to Adams v. Postmates, Wallrich v. Samsung Elecs. Am., Heckman v. Live Nation Entm’t, Inc., and the AAA’s Mass Arbitration Supplementary Rules), the parties adopt the following phased protocol designed to achieve fair, individualized adjudication and to deter abuse by either party:

(a) Individualized Demand Required. Each arbitration demand must be filed individually, must be signed by the named claimant (or counsel acting solely on behalf of that claimant with verified attorney-client engagement), and must contain a sworn certification that the demand reflects the named claimant’s individualized facts and that the claimant intends to pursue arbitration in good faith.

(b) Bellwether Process. If twenty-five (25) or more demands are filed against Iberlux within a sixty (60)-day window by the same counsel or otherwise involving substantially similar legal or factual claims (collectively, “Coordinated Demands”), the parties shall, before any merits proceedings, select up to ten (10) bellwether cases (five (5) by each side) to proceed first to arbitration. Remaining Coordinated Demands shall be stayed pending bellwether outcomes. Following completion of the bellwether cases, the parties shall mediate the remaining Coordinated Demands for not less than sixty (60) days. If mediation fails, remaining cases shall proceed in batches of fifty (50), with case-management conferences before the AAA.

(c) Filing-Fee Allocation. Iberlux shall pay all AAA filing, administrative, and arbitrator fees in excess of those required to commence litigation in the equivalent state court, except where the arbitrator finds that the demand was frivolous or filed for an improper purpose, in which case fee allocation shall follow the AAA Rules and 28 U.S.C. § 1927 principles.

(d) Hearing Location. At the consumer’s election, the arbitration hearing shall be conducted (i) in the county of the consumer’s residence; (ii) by telephone or videoconference; or (iii) on documents only.

(e) Authority of Arbitrator. The arbitrator has exclusive authority to resolve threshold issues of arbitrability, scope, and enforceability, except that any challenge to the class action waiver in Section 17.6 or to this Section 17.5(e) shall be decided by a court of competent jurisdiction.

(f) Award. The arbitrator may award any individual relief permitted by Applicable Law, including injunctive relief on an individual basis, but may not award class-wide, collective, or representative relief except as set forth in Section 17.10. The arbitrator’s written award is final and binding, and judgment thereon may be entered in any court of competent jurisdiction.

17.6 CLASS ACTION WAIVER. YOU AND IBERLUX EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION (EXCEPT TO THE EXTENT NON-WAIVABLE), CONSOLIDATED ACTION, MASS ACTION (EXCEPT AS SPECIFICALLY ADDRESSED IN SECTION 17.5(b)), OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class, collective, or representative proceeding. If a court or arbitrator decides that this class action waiver is unenforceable as to any particular claim or relief sought, then that claim or relief (and only that claim or relief) shall be severed and proceed in a court of competent jurisdiction, with all other claims proceeding in arbitration on an individual basis.

17.7 30-DAY ARBITRATION OPT-OUT. You may opt out of this Section 17 (the “Arbitration Opt-Out”) within thirty (30) days after first accepting these Terms by sending written notice of opt-out to: Iberlux LLC, Attn: Legal Department · Arbitration Opt-Out, [INSERT PHYSICAL ADDRESS], with a copy to legal@iberlux.com. The notice must include (a) Your full legal name; (b) Your postal address; (c) the email address(es) associated with Your Account; (d) the date You first accepted these Terms; and (e) a clear, unequivocal statement that You are opting out of the arbitration provision. An effective opt-out shall apply only to this Section 17 and shall not affect any other provision of these Terms. You may not opt out on behalf of any other person.

17.8 Carve-Outs (Permitted Court Actions). Notwithstanding the foregoing, the following disputes may be brought in a court of competent jurisdiction and are excluded from arbitration:

(a) any individual action in small-claims court within the scope of that court’s jurisdiction;

(b) actions seeking injunctive or equitable relief for infringement, misappropriation, or violation of intellectual-property rights (including copyright, trademark, trade secret, and patent rights);

(c) the right to seek public injunctive relief under California law to the extent such right is non-waivable under McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), and Cal. Civ. Code § 1670.5 (the “California McGill Carve-Out”). If the California McGill Carve-Out applies, claims for public injunctive relief shall be stayed pending the resolution of all individual claims in arbitration;

(d) the right of either party to file an administrative complaint with any federal, state, or local regulator, including a state insurance department, the Federal Trade Commission, or the Federal Communications Commission;

(e) actions to enforce or vacate an arbitration award under FAA §§ 9-11; and

(f) any claim that, under Applicable Law, cannot be required to be arbitrated.

17.9 Severability of Section 17. If any portion of this Section 17 is held unenforceable, the unenforceable portion shall be severed and the remainder shall continue in full force and effect, except that if Section 17.6 (Class Action Waiver) is held unenforceable as to any particular claim, then that claim (and only that claim) shall proceed in court and the remainder of Section 17 shall continue to apply to all other claims.

17.10 Public Injunctive Relief Reservation (California McGill Compliance). Solely with respect to claims brought by California residents seeking public injunctive relief, and solely to the extent required by McGill v. Citibank, this Section 17 does not waive any non-waivable right to seek such relief. Such claims shall be stayed during arbitration of individual relief and may proceed thereafter in court.

17.11 Notice of Mass Arbitration. Where ten (10) or more demands are filed against Iberlux by the same counsel within a thirty (30)-day window, the AAA’s Mass Arbitration Supplementary Rules (effective January 15, 2024) shall apply in addition to the Consumer Arbitration Rules.


18. Class Action Waiver · Stand-Alone Reaffirmation

In addition to and without limiting Section 17.6, You and Iberlux each agree that no court or arbitrator may consolidate or join Your claim with claims of other persons or parties, or otherwise permit any claim to proceed on a class, collective, mass, or representative basis, except as specifically permitted in Section 17.5(b) (Bellwether Process). This class action waiver is intended to be enforceable to the maximum extent permitted by Applicable Law and is supported by AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407 (2019), and Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018). This waiver does not preclude administrative actions brought by a state or federal regulator on behalf of consumers; such actions, where Applicable Law renders waivers unenforceable, may proceed independently.


19. Mass Arbitration Protocols (Stand-Alone Reaffirmation)

In recognition of the issues identified in Heckman v. Live Nation Entertainment, Inc., No. 23-55770 (9th Cir. 2024), and similar matters, the phased dispute-resolution mechanism in Section 17.5 (informal notice -> small claims option -> bellwether arbitration -> mediated resolution -> batched arbitration) reflects the parties’ considered intent to provide fair, expeditious, individualized adjudication. No party may circumvent these procedures by filing simultaneous, substantially identical demands without satisfying the individualized notice and certification requirements of Section 17.3 and 17.5(a).


20. Governing Law and Jurisdiction

20.1 Governing Law. Except as provided in Section 17.1 (FAA governs arbitration), these Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

20.2 Jurisdiction and Venue (for Non-Arbitrable Matters). For any dispute that is not subject to arbitration under Section 17 (including the carve-outs in Section 17.8), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [INSERT COUNTY], Texas, and waive any objection based on lack of personal jurisdiction, venue, or forum non conveniens.

20.3 Reservations. Notwithstanding Section 20.1, where Applicable Law in Your state of residence (e.g., California, New Jersey, Massachusetts) renders a particular provision unenforceable as to claims You may bring, that state’s law shall govern only the enforceability of that particular provision; all other provisions remain governed by Texas law.

20.4 Insurance Regulator. Nothing in these Terms restricts Your right to file a complaint with Your state insurance department or with the Texas Department of Insurance.


21. Force Majeure

Neither party (other than for payment obligations) shall be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including without limitation acts of God; natural disaster (earthquake, flood, hurricane, wildfire); pandemic, epidemic, or public-health emergency; war, terrorism, civil unrest, or insurrection; governmental action, embargo, or sanction; labor stoppage; failure of public utilities, internet, telecommunications, cloud-infrastructure, or third-party-software services; cybersecurity incident not attributable to the failure of reasonable security measures; or supply-chain disruption.


22. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to render it enforceable, or, if modification is not possible, severed; the remaining provisions shall continue in full force and effect. The unenforceability of any provision in a particular jurisdiction shall not affect its enforceability in any other jurisdiction.


23. Entire Agreement · Order of Precedence

23.1 Entire Agreement. These Terms, together with the Privacy Policy, the TCPA Disclosure, the Affiliate Agreement (where applicable), and any other policy or schedule expressly incorporated by reference herein, constitute the entire agreement between You and Iberlux regarding the Service and supersede all prior or contemporaneous communications, proposals, and understandings, whether oral or written.

23.2 Order of Precedence. In the event of conflict between these Terms and any incorporated document, the order of precedence is: (a) these Terms (other than where the incorporated document expressly governs a particular subject matter); (b) the Privacy Policy (with respect to data practices); (c) the TCPA Disclosure (with respect to telephone and SMS contact); (d) the Affiliate Agreement (with respect to Affiliate Service matters); (e) any product-specific terms presented at the point of purchase.

23.3 No Reliance. You acknowledge that You have not relied on any representation or warranty not expressly set forth in these Terms.


24. Assignment

You may not assign, delegate, or transfer these Terms or any of Your rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without Iberlux’s prior written consent. Any attempted assignment in violation of the foregoing is void. Iberlux may freely assign, transfer, or delegate these Terms or any of its rights or obligations without notice or consent, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. Subject to the foregoing, these Terms bind and benefit the parties, their permitted successors, and assigns.


25. Modifications to These Terms

25.1 Right to Modify. Iberlux may modify these Terms from time to time. The “Last Updated” date will reflect the most recent revision.

25.2 Material Changes. For any modification that materially adversely affects Your substantive rights (including changes to Section 14 (Limitation of Liability), Section 17 (Arbitration), or pricing for Course subscriptions), Iberlux will provide at least thirty (30) days’ advance notice by (a) email to the address associated with Your Account; (b) prominent in-app notice; and/or (c) banner notice on the Site.

25.3 Acceptance. Your continued access to or use of the Service after the effective date of any modification constitutes Your acceptance of the modified Terms. If You do not agree to the modified Terms, You must cease using the Service prior to the effective date.

25.4 Right to Reject Material Modifications to Section 17. If a modification of Section 17 (Arbitration) materially expands the scope of arbitration or materially restricts Your rights thereunder, You may reject the modification within thirty (30) days of notice by sending written notice to legal@iberlux.com, in which case the unmodified Section 17 shall continue to apply to claims arising before the effective date of the modification.


26. Survival

The following provisions, together with any other provision that by its nature should survive, shall survive expiration or termination of these Terms: Sections 1, 5, 6, 7, 8.6 through 8.11, 10.5, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, and 28.


27. Waiver · Headings · Notices · Construction

27.1 No Waiver. No failure or delay by Iberlux to exercise any right or remedy shall operate as a waiver thereof. No waiver is effective unless in writing and signed by an authorized representative of Iberlux.

27.2 Headings. Headings are for convenience of reference only and do not affect interpretation.

27.3 Construction. The words “include,” “including,” and “such as” are illustrative and not limiting. Defined terms in the singular include the plural and vice versa. The drafting party is not to be construed against. References to statutes include amendments and successor provisions and implementing regulations.

27.4 Notices to Iberlux. All formal legal notices to Iberlux shall be in writing and sent to: Iberlux LLC, Attn: Legal Department, [INSERT PHYSICAL ADDRESS · CITY · STATE · ZIP], with a copy to legal@iberlux.com. Notices are effective upon delivery (personally), three (3) business days after deposit with the U.S. Postal Service certified mail (return receipt requested), or upon confirmed transmission (email).

27.5 Notices to You. Notices to You may be sent to the email or postal address associated with Your Account, or by in-app notice. Notices are effective upon transmission.

27.6 California Civil Code § 1789.3 Notice. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

27.7 New York General Business Law § 349 / § 349-c. Nothing in these Terms is intended to limit any non-waivable right under New York consumer-protection law.


28. Contact Information

Iberlux LLC Attn: Legal Department [INSERT PHYSICAL ADDRESS] [CITY · STATE · ZIP] United States

PurposeContact
Legal notices · arbitration opt-outlegal@iberlux.com
Privacy / data-rights requestsprivacy@iberlux.com
Course / Academy support · refundssupport@iberlux.com · refunds@iberlux.com
Affiliate programaffiliates@iberlux.com
DMCA Designated Agentdmca@iberlux.com
Security disclosuressecurity@iberlux.com
Marketing opt-out (calls/SMS/email)stop@iberlux.com
Generalhello@iberlux.com
Telephone1-800-XXX-XXXX [INSERT REAL NUMBER]

Insurance Licensing. Current resident and non-resident producer licenses are listed at iberluxseguros.com/licensing. State-by-state license numbers are available on request to legal@iberlux.com.


29. Acknowledgment of Click-Through Acceptance

By clicking “I Agree,” “Get My Quote,” “Continue,” “Enroll,” “Submit,” “Sign Up,” “Create Account,” or any equivalent affirmative button or checkbox, You acknowledge and agree that:

(a) You have had the opportunity to read these Terms in their entirety;

(b) You understand the binding nature of the arbitration and class action waiver provisions in Sections 17 and 18;

(c) You have been provided a meaningful opportunity to opt out of arbitration as set forth in Section 17.7;

(d) Your acceptance constitutes a valid electronic signature under the E-SIGN Act and applicable UETA, and is enforceable against You; and

(e) You have not relied on any oral representation or written statement outside these Terms.

The parties intend that this clickwrap acceptance be enforceable consistent with Hill v. Gateway 2000, Inc., 105 F.3d 1147 (7th Cir. 1997), Specht v. Netscape Communications Corp., 306 F.3d 17 (2d Cir. 2002), Meyer v. Uber Technologies, Inc., 868 F.3d 66 (2d Cir. 2017), and analogous authority recognizing the binding effect of conspicuous click-through agreements.


30. Statute of Limitations

To the maximum extent permitted by Applicable Law, any claim or cause of action arising out of or related to use of the Service or these Terms must be commenced within one (1) year after the cause of action accrues; otherwise, the claim or cause of action is permanently barred. This shortened limitations period is enforceable consistent with Hardin v. First Cash Financial Services, Inc., 465 F.3d 470 (10th Cir. 2006), and analogous authority. Where Applicable Law prohibits a contractual reduction of the statute of limitations, the statutory period shall apply instead.


31. Compliance with State-Specific Insurance and Consumer Statutes (Non-Exhaustive)

These Terms are intended to comply with the consumer-protection and insurance-marketing provisions of, among others: California Insurance Code § 1666 et seq.; California Civil Code § 1632 (translation), § 1670.5 (unconscionability), § 1750 et seq. (CLRA), § 1789.3 (consumer notice); New York Insurance Law § 2102, § 2110, § 2123; New York General Business Law § 349, § 349-c, § 399-z; Florida Statutes Chapter 626 (Insurance Field Representatives and Operations) and § 501.204 (FDUTPA); Texas Insurance Code Chapters 4051-4053; New Jersey Consumer Fraud Act, N.J. Stat. § 56:8-1 et seq.; Massachusetts Consumer Protection Act, M.G.L. c. 93A; and analogous statutes in Iberlux’s other Licensed States. To the extent any provision of these Terms conflicts with non-waivable provisions of such Applicable Law as to a User in that state, the Applicable Law shall govern only to the extent of the conflict and only as to that User.


32. SB 1162 / Pricing Disclosure Note (California)

For California consumers, all prices for the Course Service are stated in U.S. dollars exclusive of applicable taxes. Recurring subscriptions, where offered, comply with the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.), including clear-and-conspicuous disclosure of automatic-renewal terms, affirmative consent, and acknowledgment of the right to cancel.


END OF TERMS