Malolis Martinez
Doing Business As
Martinez Consulting
Terms and Conditions and Consent Agreement
Last Updated: August 8, 2026
These Terms and Conditions and Consent Agreement (“Terms,” “Agreement,” or “Terms and Conditions”) constitute a legally binding agreement between Malolis Martinez, doing business as Martinez Consulting (“Martinez Consulting,” “Company,” “we,” “us,” or “our”), and each individual or entity who accesses or uses our websites, landing pages, forms, advertisements, educational materials, lead magnets, consultations, communications, or services (“User,” “you,” or “your”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OUR WEBSITE OR CONTENT, DOWNLOADING OR REQUESTING MATERIALS, SUBMITTING A FORM, SCHEDULING A CONSULTATION, PURCHASING A PRODUCT OR SERVICE, OR OTHERWISE INTERACTING WITH THE COMPANY IN A MANNER THAT REFERENCES THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTIONS 26 THROUGH 29 CAREFULLY.
1. IMPORTANT LEGAL NOTICE
1.1. Martinez Consulting is operated by Malolis Martinez and provides educational information and insurance-related services, including free informational products intended to educate consumers and introduce them to life insurance products and services.
1.2. Educational materials provided by the Company are intended for general informational and educational purposes only. Unless expressly stated otherwise in connection with a specific licensed insurance consultation, information contained in guides, ebooks, checklists, advertisements, presentations, webinars, websites, emails, videos, social media content, or other materials is not individualized insurance, financial, legal, tax, accounting, investment, or fiduciary advice.
1.3. No educational material, advertisement, lead magnet, illustration, example, hypothetical scenario, consultation, or other communication should be interpreted as a guarantee of eligibility for insurance, policy approval, premium rates, policy performance, cash values, death benefits, financial outcomes, business results, tax treatment, or any other result.
1.4. Insurance products are subject to eligibility requirements, underwriting, carrier approval, contractual provisions, exclusions, limitations, charges, policy expenses, and applicable state law.
1.5. Nothing in these Terms eliminates or limits any right or remedy that cannot lawfully be waived under applicable federal or state law.
2. PARTIES AND DEFINITIONS
For purposes of this Agreement:
2.1. “Company” means Malolis Martinez, doing business as Martinez Consulting.
2.2. “Services” means educational information, insurance-related consultations and services, informational products, digital materials, communications, presentations, and any other services provided by the Company.
2.3. “Educational Content” means ebooks, guides, checklists, reports, presentations, videos, webinars, articles, advertisements, social media posts, email content, worksheets, frameworks, systems, illustrations, examples, and other informational materials produced or distributed by the Company.
2.4. “Lead Magnet” means free Educational Content offered in exchange for information voluntarily submitted by a User, including the User’s name, email address, telephone number, or other information.
2.5. “Insurance Product” means a life insurance policy, rider, insurance contract, or related insurance product issued by a licensed insurance company.
2.6. “Insurer” or “Carrier” means the insurance company that underwrites, issues, administers, guarantees, or otherwise assumes contractual responsibility for an Insurance Product.
2.7. “Website” includes any website, landing page, online form, booking page, digital portal, social media page, or other online property operated by or on behalf of the Company.
2.8. “Communications” means telephone calls, text messages, SMS or MMS messages, email messages, voicemail messages, automated messages, prerecorded messages, and other communications permitted under applicable law.
3. ELIGIBILITY AND ACCEPTANCE OF TERMS
3.1. You must be at least eighteen (18) years of age and legally capable of entering into a binding agreement to use the Services.
3.2. By submitting information through a Company form, requesting Educational Content, downloading a Lead Magnet, scheduling an appointment, purchasing a Company product or service, electronically accepting these Terms, or otherwise using Services to which these Terms are presented or linked, you manifest your agreement to these Terms to the extent permitted by applicable law.
3.3. Nevada law recognizes electronic records, electronic signatures, and electronic contracts subject to applicable statutory requirements, including the Nevada Uniform Electronic Transactions Act. (Nevada Legislature)
3.4. If you do not agree to these Terms, you must discontinue use of the applicable Services and must not submit information through forms that expressly condition submission upon acceptance of these Terms.
4. SCOPE OF SERVICES
4.1. The Company provides free informational and educational materials and may provide life insurance information, consultations, insurance-related services, and opportunities to apply for insurance products.
4.2. Lead generation and educational outreach may occur through channels including:
(a) free ebooks;
(b) free guides;
(c) free checklists;
(d) Meta and other online advertising;
(e) websites and landing pages;
(f) consultation and appointment forms;
(g) school districts;
(h) governmental agencies, municipalities, cities, counties, and state or local governmental organizations;
(i) universities and educational institutions;
(j) business-to-business relationships;
(k) employer, community, professional, or organizational outreach; and
(l) other lawful marketing and educational channels.
4.3. The availability of insurance products and insurance-related services is limited to jurisdictions in which the Company, the applicable insurance professional, and the applicable insurer are properly licensed, appointed, registered, or otherwise authorized as required by law.
4.4. The availability of a Website or Educational Content in a particular jurisdiction does not constitute a representation that an insurance product may lawfully be solicited, offered, or sold in that jurisdiction.
4.5. The Company reserves the right to refuse, discontinue, restrict, modify, or terminate any educational or consultation service at any time, subject to contractual obligations and applicable law.
5. INSURANCE SERVICES AND CARRIER RELATIONSHIP
5.1. The Company may provide information regarding life insurance products and, where appropriately licensed and authorized, may assist consumers with insurance applications or insurance-related recommendations.
5.2. Insurance is not effective merely because you request information, schedule a consultation, receive an illustration, complete an application, submit payment, or communicate with the Company.
5.3. Coverage exists only when an insurance contract has been issued and placed in force in accordance with the terms and requirements of the applicable insurer.
5.4. Insurance applications may be subject to underwriting, including health, financial, occupational, lifestyle, identity, eligibility, or other information permitted by law.
5.5. The applicable insurer—not Martinez Consulting—determines underwriting classifications, policy issuance, policy terms, premiums, contractual guarantees, claims decisions, and other matters reserved to the insurer.
5.6. Any policy illustration, projection, hypothetical example, or discussion of non-guaranteed values must be evaluated together with the carrier-approved illustration, policy contract, disclosures, and other documents provided in connection with the policy.
5.7. Nevada law prohibits false or misleading insurance advertising and misrepresentations concerning insurance policy benefits, conditions, terms, financial characteristics, or related matters. Company insurance communications are intended to be interpreted consistently with applicable insurance laws and carrier-approved materials. (Nevada Legislature)
5.8. Nothing contained in Educational Content supersedes the terms of an insurance policy. If any Educational Content conflicts with an insurance contract, carrier-approved illustration, required disclosure, or applicable law, the insurance contract, applicable disclosure, and governing law control.
6. NO GOVERNMENTAL, SCHOOL, UNIVERSITY, OR EMPLOYER ENDORSEMENT
6.1. The Company may conduct outreach to or through school districts, governmental entities, municipalities, educational institutions, universities, employers, businesses, associations, or similar organizations.
6.2. Unless expressly stated in an authorized written agreement, such outreach does not mean that Martinez Consulting, Malolis Martinez, any insurance company, or any insurance product is sponsored, endorsed, approved, recommended, guaranteed, or affiliated with any governmental body, school district, municipality, university, employer, or other organization.
6.3. The presence of Company materials at or through an organization does not constitute an endorsement of the Company or any insurance carrier or product.
7. EDUCATIONAL PURPOSE ONLY
7.1. Educational Content is intended to provide general information and improve consumer understanding of financial and insurance-related concepts.
7.2. Educational Content may use examples, case studies, illustrations, hypothetical scenarios, numerical examples, frameworks, systems, strategies, or simplified descriptions for educational purposes.
7.3. Such materials do not account for every User’s financial condition, objectives, tax circumstances, estate plan, family circumstances, business structure, insurance needs, health, risk tolerance, existing coverage, or other relevant considerations.
7.4. You are responsible for independently evaluating whether any concept discussed in Educational Content is suitable for your circumstances.
7.5. You agree not to rely solely upon Educational Content when making legal, tax, investment, accounting, financial, estate-planning, business, or other professional decisions.
8. NO LEGAL, TAX, INVESTMENT, ACCOUNTING, OR FIDUCIARY ADVICE
8.1. Martinez Consulting is not acting as your attorney, certified public accountant, tax adviser, investment adviser, securities broker, or fiduciary merely because you access Educational Content or participate in a general educational consultation.
8.2. Nothing provided through Educational Content constitutes legal advice, tax advice, accounting advice, securities advice, investment advice, or a fiduciary recommendation.
8.3. Statements concerning taxes, retirement, business finance, estate planning, policy ownership, policy loans, cash values, beneficiaries, business arrangements, or similar subjects are general educational information only unless provided by an independently qualified professional acting within that professional’s authorized scope of practice.
8.4. Tax laws, insurance laws, financial circumstances, and individual facts may affect outcomes. You should obtain advice from appropriately qualified legal, tax, accounting, investment, and other professionals regarding your individual circumstances.
8.5. No attorney-client, accountant-client, investment-advisory, or fiduciary relationship is created through your use of Educational Content or general participation in the Company’s marketing or educational activities.
9. NO GUARANTEES; NO INCOME OR FINANCIAL RESULT CLAIMS
9.1. THE COMPANY DOES NOT GUARANTEE ANY FINANCIAL RESULT, BUSINESS RESULT, INSURANCE RESULT, INCOME LEVEL, RATE OF RETURN, TAX RESULT, POLICY APPROVAL, UNDERWRITING CLASSIFICATION, PREMIUM, CASH VALUE, ACCESS TO FUNDS, DEATH BENEFIT, OR OTHER RESULT.
9.2. Any examples involving dollar amounts, business opportunities, financing, liquidity, growth, retirement, wealth accumulation, insurance values, or other financial outcomes are illustrations or educational examples unless expressly identified as contractually guaranteed by an insurance carrier.
9.3. Past results, hypothetical scenarios, testimonials, case studies, illustrations, and examples do not guarantee or predict future results.
9.4. Insurance policy performance may depend upon numerous factors, including premiums paid, insurance charges, administrative expenses, credited interest or other policy-specific crediting mechanisms, loans, withdrawals, policy modifications, insurer practices, and contractual provisions.
9.5. Non-guaranteed insurance values are not guaranteed merely because they appear in an illustration.
9.6. Nothing in the Company’s marketing should be interpreted as a promise that a particular insurance strategy will create a specific amount of income, wealth, liquidity, business capital, tax savings, retirement income, or financial independence.
10. LIFE INSURANCE POLICY LOANS, WITHDRAWALS, AND VALUES
10.1. Educational Content may discuss concepts involving permanent life insurance, cash value, withdrawals, loans, or other policy features.
10.2. The availability, amount, cost, and consequences of any policy loan or withdrawal depend upon the specific insurance contract and circumstances existing at the applicable time.
10.3. Loans and withdrawals may reduce policy cash values and death benefits and may affect policy performance.
10.4. Excessive loans, withdrawals, insufficient funding, increased insurance charges, or other factors may contribute to policy lapse or termination.
10.5. Tax consequences may arise under certain circumstances, including circumstances involving policy lapse, surrender, modification, or other transactions.
10.6. The Company does not guarantee that policy loans, withdrawals, distributions, benefits, or other transactions will receive any particular tax treatment.
10.7. Users should consult their own qualified tax and legal professionals concerning potential tax or legal consequences.
11. LEAD MAGNETS AND FREE CONTENT DISCLAIMER
11.1. Lead Magnets and other free Educational Content are provided for informational and marketing purposes.
11.2. The fact that information is provided at no charge does not eliminate these Terms.
11.3. A Lead Magnet may discuss insurance concepts, financial concepts, business strategies, educational frameworks, or other subjects intended to encourage further education or consultation.
11.4. Receipt of free information does not obligate you to purchase insurance or any other product or service.
11.5. The Company may change, discontinue, update, or replace free materials at any time without obligation to provide prior versions.
11.6. Free materials may become outdated due to changes in law, regulation, insurance products, carrier practices, tax rules, market conditions, or other circumstances.
11.7. Users are responsible for confirming that information remains applicable before relying upon it.
12. USER RESPONSIBILITY AND ASSUMPTION OF RISK
12.1. You acknowledge that financial, business, and insurance decisions involve risk and that individual circumstances differ.
12.2. You voluntarily assume responsibility for decisions you make after reviewing Company information or participating in Company educational activities.
12.3. You agree that you are solely responsible for conducting appropriate due diligence, reviewing insurance contracts and disclosures, consulting appropriate professionals, and determining whether any action is appropriate for you.
12.4. You assume the risks associated with implementing general educational concepts without obtaining individualized professional guidance.
12.5. You acknowledge that the Company cannot predict changes in your personal circumstances, business circumstances, financial markets, tax laws, insurance laws, carrier practices, policy crediting rates, insurance costs, underwriting standards, or other variables.
12.6. You agree not to misuse Educational Content by treating generalized examples as individualized professional advice or guaranteed outcomes.
13. ACCURACY OF USER INFORMATION
13.1. You agree to provide accurate, current, and complete information when submitting a form, requesting insurance information, requesting Educational Content, scheduling a consultation, or applying for insurance.
13.2. You shall not knowingly provide false, misleading, fraudulent, incomplete, or unauthorized information.
13.3. If you provide a telephone number or email address, you represent that you are authorized to use that telephone number or email address and to receive communications at that destination.
13.4. You are responsible for promptly correcting material inaccuracies in information supplied to the Company.
13.5. Insurance applicants are responsible for reviewing their applications and carrier documents and correcting any errors or omissions in accordance with applicable procedures.
14. PAYMENT TERMS
14.1. Many Company Educational Materials may be offered without charge.
14.2. If the Company separately offers paid educational materials, consulting services, programs, or other non-insurance products or services, the applicable price, payment schedule, and material payment conditions will be disclosed at or before purchase.
14.3. You authorize the Company or its payment processor to charge the payment method you voluntarily provide for amounts you expressly authorize.
14.4. You are responsible for all amounts properly charged in accordance with your purchase authorization.
14.5. Insurance premiums are governed by the applicable insurance application, premium authorization, insurance policy, insurer requirements, and applicable law. Nothing in these Terms modifies statutory or contractual rights applicable to an insurance policy.
14.6. The Company may use third-party payment processors and does not control the independent services, security practices, or policies of those processors.
15. REFUND POLICY
15.1. Except where a separate written offer, purchase page, agreement, or applicable law expressly provides otherwise, payments made directly to the Company for digital products, educational materials, consultations, or other Company-provided non-insurance services are final and non-refundable once the applicable product has been delivered or the service has commenced.
15.2. Nothing in this Section eliminates any cancellation, rescission, refund, “free-look,” or similar right applicable to an insurance policy under the insurance contract or applicable law.
15.3. Insurance premium refunds, cancellations, policy rescissions, and similar matters are governed by the applicable insurance carrier, policy contract, and applicable insurance law rather than this general refund provision.
15.4. If a separate written offer issued by the Company expressly provides a refund period or guarantee, that specific written term controls for that offer.
16. COMMUNICATIONS CONSENT
16.1. Where a Company form, landing page, advertisement, scheduling page, or other interface contains a telephone marketing consent disclosure, and you affirmatively provide the requested consent, you authorize Malolis Martinez doing business as Martinez Consulting to contact you at the telephone number you provide for purposes described in the applicable consent disclosure.
16.2. Where the applicable disclosure requests consent for marketing communications, such communications may include information about life insurance, insurance consultations, educational resources, appointment reminders, Company services, and promotional offers.
16.3. To the extent expressly disclosed at the point where consent is obtained, you may authorize calls or text messages using an automatic telephone dialing system or other automated technology and/or artificial or prerecorded voice messages.
16.4. Federal regulations impose specific requirements for prior express written consent for certain telemarketing calls and messages involving automated telephone dialing systems or artificial or prerecorded voices, including disclosure that consent is not required as a condition of purchasing property, goods, or services. (eCFR)
16.5. Consent to receive marketing calls or text messages is not a condition of purchasing any property, goods, services, or insurance product from Martinez Consulting.
16.6. Message and data rates may apply to text communications depending upon your telecommunications provider and service plan.
16.7. Message frequency may vary depending upon your interactions with the Company, requests, appointments, follow-up activity, and communication preferences.
16.8. You understand that telephone or text consent applies only to the extent reflected in the disclosure presented when your consent is obtained and remains subject to applicable federal and state law.
16.9. You may revoke consent as provided in Section 17.
17. OPT-OUT AND REVOCATION OF COMMUNICATION CONSENT
17.1. You may opt out of marketing text messages by replying STOP or by using another reasonable method of communicating a clear request to stop, as applicable under law.
17.2. You may request assistance regarding text communications by replying HELP where that functionality is provided.
17.3. You may request that the Company discontinue marketing calls by clearly communicating your request during a call or through another reasonable method available to you.
17.4. Current federal regulations recognize reasonable methods of revoking prior express consent for covered calls and text messages and impose requirements concerning the honoring of revocation requests. (eCFR)
17.5. You may unsubscribe from commercial marketing emails through the unsubscribe mechanism contained in applicable emails or by emailing [email protected] with an unsubscribe request.
17.6. Commercial email communications are intended to be administered in accordance with applicable requirements of the CAN-SPAM Act, including applicable opt-out obligations. (Federal Trade Commission)
17.7. A communication requesting that you confirm or process an opt-out may be sent where permitted by law.
17.8. Opting out of marketing communications does not necessarily prevent the Company from sending non-marketing communications that are legally permitted or reasonably necessary to respond to an active request, administer an existing transaction, provide requested information, address security or compliance matters, or fulfill legal obligations.
17.9. The Company will process valid revocation and opt-out requests in accordance with applicable law.
18. EMAIL COMMUNICATIONS
18.1. When you voluntarily provide your email address and request information, you authorize the Company to send the information you requested and other communications to the extent permitted by your consent and applicable law.
18.2. Marketing emails may contain educational information, insurance-related information, offers, appointment opportunities, newsletters, or other promotional content.
18.3. You may unsubscribe from marketing emails at any time by using the applicable unsubscribe mechanism or by contacting the Company.
18.4. Certain transactional, administrative, legally required, or directly requested communications may continue after a marketing unsubscribe where permitted by law.
19. INTELLECTUAL PROPERTY RIGHTS
19.1. Unless otherwise stated, all Company-created Educational Content and materials are owned by Malolis Martinez, Martinez Consulting, or their applicable licensors and are protected by applicable copyright, trademark, trade-secret, unfair-competition, and other intellectual-property laws.
19.2. Protected materials may include, without limitation:
(a) ebooks;
(b) guides;
(c) reports;
(d) checklists;
(e) worksheets;
(f) presentations;
(g) videos;
(h) written training materials;
(i) scripts;
(j) business methods;
(k) frameworks;
(l) systems;
(m) proprietary terminology;
(n) course materials;
(o) graphics;
(p) website content;
(q) advertisements;
(r) consultation materials;
(s) document layouts;
(t) research compilations;
(u) marketing concepts; and
(v) other original materials.
19.3. The provision of Educational Content does not transfer ownership or intellectual-property rights to the User.
19.4. All rights not expressly granted are reserved.
20. LIMITED LICENSE AND ACCEPTABLE USE
20.1. Subject to these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access Company-provided Educational Content solely for your own lawful personal or internal business informational use.
20.2. Without prior written permission, you may not:
(a) reproduce materials for commercial distribution;
(b) sell, sublicense, rent, license, or commercially exploit Company materials;
(c) publish substantial portions of Company materials as your own;
(d) remove copyright, trademark, proprietary, confidentiality, or attribution notices;
(e) copy proprietary frameworks, systems, training programs, or documents for resale or competing commercial use;
(f) create derivative products that substantially reproduce protected Company content;
(g) distribute paid or restricted materials to unauthorized third parties;
(h) use Company materials to misrepresent your qualifications or professional authority;
(i) use Company information to make misleading insurance, financial, income, or business claims;
(j) use automated means to scrape, harvest, systematically reproduce, or extract Company content except as permitted by law;
(k) interfere with Website functionality or security; or
(l) use Company property for fraudulent, unlawful, abusive, defamatory, or infringing activities.
20.3. Unauthorized use may result in termination of access and pursuit of remedies available under applicable law.
21. MISUSE OF EDUCATIONAL INFORMATION
21.1. You may not present Company Educational Content to another person as individualized legal, tax, investment, accounting, fiduciary, or insurance advice unless you are independently authorized by law to provide such advice and your use of the content is otherwise permitted.
21.2. You may not alter Company materials in a manner that creates misleading statements, removes material disclosures, or changes the meaning of insurance or financial information.
21.3. You may not represent hypothetical or illustrative results as guaranteed outcomes.
21.4. The Company is not responsible for unauthorized modifications, redistribution, interpretation, or misuse of Company materials by Users or third parties.
22. THIRD-PARTY LINKS, PLATFORMS, AND SERVICES
22.1. Company Websites, advertisements, emails, or Educational Content may contain links to websites, software, social media platforms, insurance carriers, appointment systems, payment processors, or other services operated by third parties.
22.2. Third-party services are independently operated and may be subject to their own terms, privacy policies, security practices, and contractual requirements.
22.3. The Company does not control and is not responsible for the availability, accuracy, security, legality, privacy practices, content, performance, or policies of independent third-party platforms.
22.4. References or links to a third party do not constitute an endorsement unless expressly stated.
22.5. Your dealings with a third-party service are between you and that third party except to the extent expressly provided otherwise in writing.
23. DISCLAIMER OF WARRANTIES
23.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WEBSITES, EDUCATIONAL CONTENT, LEAD MAGNETS, INFORMATIONAL PRODUCTS, AND GENERAL EDUCATIONAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
23.2. EXCEPT FOR WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED, THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES REGARDING SUCH MATERIALS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, AND FITNESS FOR A PARTICULAR FINANCIAL OR BUSINESS OBJECTIVE.
23.3. THE COMPANY DOES NOT WARRANT THAT:
(a) Educational Content will meet your individual needs;
(b) information will always be complete or current;
(c) Websites or digital services will be uninterrupted or error-free;
(d) every error will be corrected;
(e) access will always be secure;
(f) any particular insurer or product will remain available;
(g) any application will be approved; or
(h) use of any educational concept will produce a particular result.
23.4. Nothing in this Section disclaims an express contractual guarantee contained in an insurance contract issued by an insurance carrier.
24. LIMITATION OF LIABILITY
24.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MALOLIS MARTINEZ, MARTINEZ CONSULTING, AND THEIR EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SERVICE PROVIDERS, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR RELIANCE UPON COMPANY EDUCATIONAL CONTENT, WEBSITES, LEAD MAGNETS, OR GENERAL EDUCATIONAL SERVICES.
24.2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOREGOING EXCLUSION INCLUDES CLAIMS FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOST SAVINGS, FINANCIAL LOSSES, OR OTHER CONSEQUENTIAL LOSSES.
24.3. THE COMPANY SHALL NOT BE LIABLE FOR LOSSES RESULTING FROM A USER:
(a) treating general Educational Content as individualized professional advice;
(b) failing to consult appropriate legal, tax, accounting, financial, or other professionals;
(c) failing to review insurance policy documents or required disclosures;
(d) supplying inaccurate or incomplete information;
(e) misunderstanding hypothetical examples;
(f) using Company materials without authorization;
(g) making independent financial or business decisions based upon generalized information; or
(h) relying upon outdated materials after circumstances, laws, or product terms have changed.
24.4. TO THE EXTENT PERMITTED BY LAW, THE COMPANY’S AGGREGATE LIABILITY ARISING FROM A PAID NON-INSURANCE PRODUCT OR SERVICE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID DIRECTLY TO THE COMPANY BY THE CLAIMING USER FOR THE SPECIFIC NON-INSURANCE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
24.5. FOR FREE EDUCATIONAL CONTENT OR FREE GENERAL INFORMATIONAL SERVICES, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
24.6. These limitations do not apply to liability that applicable law prohibits the Company from excluding or limiting.
24.7. Nothing in these Terms limits the contractual obligations of an insurance carrier under an insurance policy issued by that carrier.
25. INDEMNIFICATION
25.1. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Malolis Martinez and Martinez Consulting, together with their employees, contractors, representatives, and service providers, from and against third-party claims, damages, liabilities, losses, judgments, costs, and reasonable attorneys’ fees arising from or relating to:
(a) your material violation of these Terms;
(b) your unlawful use of Company materials;
(c) your infringement or misappropriation of intellectual-property or other rights;
(d) information you knowingly submit without authorization;
(e) your fraudulent, deceptive, or illegal conduct;
(f) unauthorized redistribution or commercial exploitation of Company materials; or
(g) your alteration or misuse of Company Educational Content in a manner that causes a third-party claim.
25.2. This Section does not require indemnification of the Company for liability that cannot lawfully be shifted to you.
25.3. The Company reserves the right to control the defense of any claim subject to indemnification, provided that you shall not be required to indemnify amounts resulting from a settlement entered without reasonable notice where applicable.
26. INFORMAL DISPUTE RESOLUTION
26.1. Before initiating arbitration concerning a dispute subject to Section 27, the complaining party shall provide the other party with written notice describing:
(a) the party’s name and contact information;
(b) the nature and factual basis of the dispute;
(c) the specific relief requested; and
(d) sufficient information to permit a reasonable investigation.
26.2. Notice to the Company must be sent to:
Malolis Martinez
Martinez Consulting
Email: [email protected]
26.3. The parties shall make a good-faith effort to resolve the dispute informally for at least thirty (30) days after receipt of the notice before commencing arbitration, unless emergency relief is reasonably necessary or applicable law requires otherwise.
26.4. Applicable limitation periods shall be governed by law and shall not be shortened by this informal procedure where such shortening would be unlawful.
27. BINDING ARBITRATION AGREEMENT
27.1. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO HAVE CERTAIN DISPUTES DECIDED IN COURT.
27.2. Except for disputes expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, Educational Content, Lead Magnets, Company communications, consultations, non-insurance Services, or the formation, interpretation, applicability, enforceability, or alleged breach of this Agreement shall be resolved through final and binding individual arbitration.
27.3. The arbitration agreement is intended to be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., to the extent the transaction involves interstate commerce. Federal law provides for the enforceability of written arbitration agreements subject to applicable grounds for revocation of contracts. (Legal Information Institute)
27.4. To the extent Nevada arbitration law applies and is not preempted by federal law, the arbitration shall also be administered consistently with applicable provisions of Nevada law. Nevada law recognizes enforceable agreements to arbitrate and provides procedures concerning arbitration agreements and proceedings. (Nevada Legislature)
27.5. Unless the parties agree otherwise, arbitration shall be administered by the American Arbitration Association (“AAA”) under the rules applicable to the nature of the dispute, including applicable Consumer Arbitration Rules where legally applicable.
27.6. The arbitration shall be conducted by one neutral arbitrator.
27.7. Unless applicable law, the applicable arbitration rules, or the arbitrator requires otherwise, the arbitration shall take place in Las Vegas, Nevada, or remotely by telephone, video conference, written submissions, or another mutually acceptable method.
27.8. Arbitration fees shall be allocated in accordance with applicable arbitration rules and law. Nothing in this Agreement requires a consumer to pay arbitration costs that applicable law requires the Company to bear.
27.9. The arbitrator may award any individualized relief that a court of competent jurisdiction could lawfully award to the individual claimant, subject to these Terms and applicable law.
27.10. Judgment on an arbitration award may be entered in any court having jurisdiction.
27.11. The following matters are excluded from mandatory arbitration to the extent permitted by law:
(a) an individual claim properly brought in small claims court and maintained only on an individual basis;
(b) a request for temporary or preliminary judicial relief necessary to prevent actual or threatened infringement, misappropriation, or unauthorized use of intellectual property pending final resolution;
(c) matters that applicable law prohibits from being subjected to predispute arbitration; and
(d) claims or remedies belonging exclusively to a governmental or regulatory agency.
27.12. The arbitrator shall have authority to decide issues concerning the interpretation and application of these Terms to the extent permitted by applicable law. A court shall decide any issue that governing law requires a court rather than an arbitrator to determine.
28. RIGHT TO OPT OUT OF ARBITRATION
28.1. A User who first becomes bound by the arbitration provisions of these Terms may opt out of Sections 27 and 29 by sending a written arbitration opt-out notice within thirty (30) days after first accepting these Terms.
28.2. The notice must be sent to [email protected] and must include:
(a) your full name;
(b) the email address and, if applicable, telephone number associated with your interaction with the Company;
(c) a statement that you are opting out of the arbitration provisions contained in the Martinez Consulting Terms and Conditions; and
(d) the date of the request.
28.3. Opting out of arbitration does not terminate or modify the remaining provisions of these Terms.
28.4. Failure to provide a timely opt-out notice constitutes acceptance of the arbitration provisions to the extent enforceable under applicable law.
29. JURY TRIAL AND CLASS ACTION WAIVERS
29.1. JURY TRIAL WAIVER. TO THE EXTENT A DISPUTE IS SUBJECT TO BINDING ARBITRATION, YOU AND THE COMPANY UNDERSTAND THAT THERE IS NO JUDGE OR JURY IN ARBITRATION.
29.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY DISPUTE THAT IS PERMITTED TO PROCEED IN COURT AND FOR WHICH A JURY-TRIAL WAIVER IS LEGALLY ENFORCEABLE, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO A TRIAL BY JURY.
29.3. CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT DISPUTES SUBJECT TO ARBITRATION SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
29.4. TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE-ATTORNEY-GENERAL ACTION IN ARBITRATION.
29.5. Unless all affected parties agree in writing or applicable law requires otherwise, an arbitrator may not consolidate the claims of multiple persons or preside over a representative or class proceeding.
29.6. Nothing in this Section restricts rights that applicable law makes non-waivable.
30. GOVERNING LAW
30.1. Subject to the Federal Arbitration Act and other controlling federal law, these Terms shall be governed by and construed according to the laws of the State of Nevada, without regard to principles of conflicts of law.
30.2. For any dispute that is not subject to arbitration and may lawfully be subject to a contractual forum selection clause, the parties consent to jurisdiction and venue in the appropriate state or federal court located in or serving Clark County, Nevada.
30.3. Nothing in this Agreement eliminates consumer protections or statutory rights that cannot lawfully be waived by contractual choice of law or forum.
31. PRIVACY AND INFORMATION HANDLING
31.1. Information submitted to the Company may be collected, used, stored, transmitted, or disclosed as reasonably necessary to:
(a) provide requested Educational Content;
(b) respond to inquiries;
(c) schedule consultations;
(d) communicate with Users;
(e) process insurance-related requests;
(f) comply with legal or regulatory requirements;
(g) protect against fraud or misuse;
(h) administer Company operations; or
(i) carry out other purposes disclosed when information is collected.
31.2. Where a separate Privacy Policy is provided, that Privacy Policy governs the Company’s privacy practices in addition to applicable provisions of these Terms.
31.3. Users should not submit highly sensitive information through ordinary email, text message, or general website forms unless specifically instructed to do so through an appropriate process.
32. SECURITY AND ELECTRONIC COMMUNICATION RISKS
32.1. Electronic communications and internet-based systems involve inherent security and transmission risks.
32.2. Although reasonable measures may be used to protect information, the Company does not guarantee that ordinary email, text messages, Websites, third-party platforms, or internet transmissions will always be completely secure, uninterrupted, or error-free.
32.3. You are responsible for using reasonable safeguards when communicating sensitive information electronically.
33. NO UNAUTHORIZED REPRESENTATIONS
33.1. No employee, contractor, representative, referral partner, organization, school, governmental entity, business, or third party is authorized to modify these Terms or make binding guarantees on behalf of the Company except through an authorized written agreement.
33.2. Statements made by third parties concerning the Company or its Services do not bind the Company unless expressly adopted by the Company in writing.
33.3. Insurance carrier representatives and insurance policy contracts may separately establish obligations of the applicable carrier.
34. TESTIMONIALS, CASE STUDIES, AND EXAMPLES
34.1. Testimonials, endorsements, case studies, or examples appearing in Company marketing may describe the experiences of particular individuals.
34.2. Individual experiences are not guarantees that another person will obtain the same or similar results.
34.3. Hypothetical examples will be treated as hypothetical and are provided to illustrate concepts rather than guarantee outcomes.
34.4. Users should evaluate insurance products based upon applicable policy documents, approved illustrations, disclosures, and their own circumstances rather than relying upon testimonials.
35. CHANGES IN LAW, PRODUCTS, AND INFORMATION
35.1. Insurance products, underwriting standards, carrier rules, tax laws, regulations, financial conditions, and other relevant circumstances may change after Educational Content is created.
35.2. The Company has no obligation to update previously downloaded materials every time a law, regulation, product, practice, interpretation, or circumstance changes.
35.3. You are responsible for obtaining current information before making a material decision.
36. NO WAIVER OF INSURANCE POLICY RIGHTS
36.1. These Terms govern the relationship between you and the Company concerning the Website, Educational Content, communications, consultations, and other Services described herein.
36.2. These Terms do not amend an insurance contract issued by an insurer.
36.3. Nothing contained herein waives any contractual or statutory insurance-policy right that cannot legally be waived, including any applicable cancellation, rescission, free-look, claim, or regulatory right.
37. TERMINATION AND SUSPENSION
37.1. The Company may suspend or terminate access to Company-controlled Websites, Educational Content, or Services if a User materially violates these Terms, engages in fraudulent or unlawful conduct, misuses Company property, or threatens the security or integrity of Company systems.
37.2. Termination does not eliminate obligations or provisions that by their nature should survive termination, including intellectual-property protections, limitations of liability, indemnification obligations, dispute-resolution provisions, and accrued payment obligations.
38. MODIFICATION OF TERMS
38.1. The Company may revise these Terms periodically to reflect changes in Services, business practices, technology, laws, regulations, or operational requirements.
38.2. Revised Terms will state an updated “Last Updated” date.
38.3. Material changes will apply prospectively as required by applicable law.
38.4. Where affirmative consent to a material modification is legally required, the Company will obtain such consent before enforcing that modification against the affected User.
38.5. Continued use of Services after legally effective revised Terms may constitute acceptance where permitted by applicable law.
39. SEVERABILITY
39.1. If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable, the provision shall be enforced to the maximum extent permitted by law and, where appropriate, modified or severed while preserving the remainder of the Agreement.
39.2. The remaining provisions shall continue in full force and effect unless applicable law requires otherwise.
39.3. If any portion of the arbitration or class-action provisions is found unenforceable, the effect of that determination shall be governed by applicable law and the applicable arbitration rules.
40. WAIVER
40.1. Failure by the Company to enforce any provision of these Terms on one occasion does not constitute a waiver of that provision or the right to enforce it on another occasion.
40.2. A waiver is effective only to the extent expressly stated in writing by the party granting the waiver.
41. ASSIGNMENT
41.1. You may not assign or transfer your rights or obligations under these Terms without prior written consent from the Company.
41.2. The Company may assign these Terms in connection with a lawful transfer, reorganization, succession, or sale of substantially all relevant business assets, subject to applicable law.
42. FORCE MAJEURE
42.1. To the extent permitted by law, the Company shall not be responsible for delay or failure to perform non-payment obligations resulting from circumstances beyond its reasonable control, including natural disasters, governmental actions, telecommunications failures, utility interruptions, internet outages, cyber incidents not caused by the Company’s legally actionable misconduct, labor disruptions, public emergencies, or failures of independent third-party infrastructure.
43. HEADINGS AND INTERPRETATION
43.1. Section headings are provided for convenience and do not limit the meaning of any provision.
43.2. Words such as “including” and “includes” are intended to mean “including without limitation” unless the context clearly indicates otherwise.
43.3. Singular terms include the plural and plural terms include the singular where appropriate.
44. ENTIRE AGREEMENT
44.1. These Terms, together with any applicable Privacy Policy, purchase terms, communication consent disclosure, insurance application, carrier disclosures, or other agreement expressly incorporated by reference, constitute the applicable agreement concerning the subject matter addressed herein.
44.2. A specific insurance contract, insurance application, carrier disclosure, product-specific agreement, or separately executed agreement controls over these general Terms to the extent of a direct conflict concerning that specific transaction.
44.3. No oral statement modifies these Terms unless the modification is expressly authorized and legally effective.
45. SURVIVAL
The provisions relating to intellectual property, acceptable use, disclaimers, assumption of risk, limitation of liability, indemnification, dispute resolution, arbitration, governing law, and any other provisions that by their nature are intended to survive shall remain effective following termination of use of the Services.
46. CONTACT INFORMATION
Questions regarding these Terms, communication preferences, opt-out requests, or other matters concerning Martinez Consulting may be directed to:
Malolis Martinez
Doing Business As Martinez Consulting
Email: [email protected]
Telephone: 702-596-9872
Arbitration Location: Las Vegas, Nevada
Governing Law: Nevada
47. ACKNOWLEDGMENT AND CONSENT
BY ACCESSING OR USING SERVICES TO WHICH THESE TERMS APPLY, DOWNLOADING OR REQUESTING COMPANY MATERIALS, SCHEDULING A CONSULTATION, MAKING A PURCHASE, OR AFFIRMATIVELY ACCEPTING THESE TERMS THROUGH AN ELECTRONIC FORM, YOU ACKNOWLEDGE, TO THE EXTENT APPLICABLE TO THE PARTICULAR TRANSACTION, THAT:
YOU HAVE HAD AN OPPORTUNITY TO READ THESE TERMS;
YOU UNDERSTAND THAT EDUCATIONAL CONTENT IS NOT LEGAL, TAX, INVESTMENT, ACCOUNTING, OR FIDUCIARY ADVICE;
YOU UNDERSTAND THAT INSURANCE PRODUCTS ARE SUBJECT TO THEIR OWN CONTRACTUAL TERMS, UNDERWRITING REQUIREMENTS, LIMITATIONS, AND CARRIER APPROVAL;
YOU UNDERSTAND THAT THE COMPANY DOES NOT GUARANTEE FINANCIAL, BUSINESS, INSURANCE, TAX, INCOME, OR INVESTMENT RESULTS;
YOU ACCEPT RESPONSIBILITY FOR OBTAINING APPROPRIATE PROFESSIONAL ADVICE BEFORE MAKING MATERIAL FINANCIAL, TAX, LEGAL, OR BUSINESS DECISIONS;
YOU AGREE TO THE INTELLECTUAL-PROPERTY AND ACCEPTABLE-USE RESTRICTIONS CONTAINED IN THESE TERMS;
YOU ACKNOWLEDGE THE LIMITATION-OF-LIABILITY AND ASSUMPTION-OF-RISK PROVISIONS;
YOU ACKNOWLEDGE THE ARBITRATION AGREEMENT, JURY-TRIAL WAIVER, AND CLASS-ACTION WAIVER, SUBJECT TO YOUR RIGHT TO OPT OUT OF ARBITRATION AS PROVIDED HEREIN; AND
WHERE YOU SEPARATELY AND AFFIRMATIVELY PROVIDE MARKETING COMMUNICATION CONSENT THROUGH A FORM CONTAINING THE REQUIRED DISCLOSURE, YOU ACKNOWLEDGE THAT SUCH TELEPHONE OR TEXT MARKETING CONSENT IS VOLUNTARY AND IS NOT A CONDITION OF PURCHASING PROPERTY, GOODS, SERVICES, OR INSURANCE.
Last Updated: August 8, 2026