Examen Elite
STUDENT TERMS AND CONDITIONS
Effective Date: October 16, 2026
Last Updated: October 16, 2026
IMPORTANT NOTICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND M2BASE LLC, A FLORIDA LIMITED LIABILITY COMPANY DOING BUSINESS AS EXAMEN ELITE.
THESE TERMS CONTAIN IMPORTANT PROVISIONS REGARDING ACCOUNT SECURITY, ACADEMIC INTEGRITY, COURSE ACCESS, REFUNDS, INTELLECTUAL PROPERTY, LIMITATIONS OF LIABILITY, AND DISPUTE RESOLUTION.
THE DISPUTE-RESOLUTION SECTION CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER. IT ALSO PROVIDES A 30-DAY RIGHT TO OPT OUT OF ARBITRATION.
IF YOU DO NOT AGREE, DO NOT CLICK “I AGREE,” DO NOT COMPLETE THE PURCHASE, AND DO NOT ACCESS THE COURSE.
1. PARTIES AND CONTRACTING ENTITY
These Student Terms and Conditions (“Terms”) are an agreement between:
- M2Base LLC, a Florida limited liability company, doing business under the registered brand Examen Elite (“M2Base,” “Examen Elite,” “Company,” “we,” “us,” or “our”);
- the individual identified in the user account and purchase record (“Student,” “you,” or “your”).
Business Address: Miami, Florida, United States
Support Email: contact@prueba.grupoelitework.com
Legal Notices Email: contact@prueba.grupoelitework.com
2. SCOPE OF THESE TERMS
These Terms govern your purchase, access, and use of:
- Examen Elite online courses;
- Florida insurance prelicensing education;
- self-study online course materials;
- quizzes and assessments;
- final examinations;
- supplemental live review sessions;
- recorded classes;
- audio resources;
- downloadable or protected materials;
- certificates and completion-related services;
- account features;
- student support services; and
- other Examen Elite educational products or digital resources expressly linked to these Terms.
Separate Website Terms of Use govern general use of the public website. The Refund, Cancellation, Access, and Withdrawal Policy (“Refund Policy”) is incorporated into these Terms by reference.
If a specific written product term conflicts with these Terms, the more specific written term controls only for that product and only to the extent of the conflict.
Mandatory federal or state law and mandatory Florida DFS requirements control over inconsistent contractual terms.
3. AFFIRMATIVE ELECTRONIC ACCEPTANCE
You must affirmatively accept these Terms before purchasing or accessing a course.
By checking the applicable acceptance box, clicking “I Agree,” clicking “Agree & Purchase,” completing the purchase after the Terms are displayed and linked, or performing another affirmative acceptance action implemented by Examen Elite, you:
- confirm that you had an opportunity to review these Terms;
- agree to be legally bound by them;
- agree to the Refund Policy;
- agree to the applicable privacy disclosures;
- certify that you are the individual identified in the account; and
- consent to the use of electronic records and electronic acceptance for this transaction.
Examen Elite may retain an electronic record of your acceptance, including the date and time, user ID, order ID, IP address, user agent, policy version, policy hash or identifier, and other evidence reasonably used to establish the transaction.
4. LEGAL CAPACITY
You represent that you have legal capacity to enter into these Terms.
If applicable law requires consent or authorization from another person for you to enter into this Agreement, you represent that the legally required consent or authorization has been obtained.
Examen Elite may refuse or terminate an account when it reasonably determines that the account was created without legally sufficient authority.
5. ACCURATE INFORMATION AND IDENTITY
You agree to provide complete, accurate, current, and truthful information when creating an account, purchasing a course, completing regulated education, requesting a refund, taking an assessment, or requesting a Certificate of Completion.
You may not:
- create an account in another person’s name;
- provide a false identity;
- permit another person to use your identity;
- use another person’s account;
- falsify completion, attendance, time, score, or course records; or
- misrepresent information that Examen Elite must maintain or report to a regulator.
You authorize Examen Elite to use reasonable identity, access, and account-integrity controls to protect the course and maintain reliable student records.
6. PERSONAL ACCOUNT; NO SHARING
Your account is personal to you and may not be sold, assigned, loaned, transferred, shared, rented, or sublicensed.
You are responsible for maintaining the confidentiality of your username, password, access codes, and authentication credentials.
You must promptly notify Examen Elite if you reasonably believe:
- your credentials have been compromised;
- another person accessed your account;
- your email account was compromised; or
- an unauthorized person is attempting to complete coursework in your name.
Examen Elite may temporarily suspend access while investigating a credible account-security or identity concern.
7. LICENSED ACCESS; NO TRANSFER OF OWNERSHIP
Examen Elite course materials are licensed to you for personal educational use; they are not sold to you as intellectual property.
Subject to your payment and continued compliance with these Terms, M2Base LLC grants you a limited, personal, revocable, nonexclusive, nontransferable, nonsublicensable license to access the purchased course during the applicable access period.
No ownership right in course content, software, questions, graphics, videos, audio, methods, databases, compilations, trademarks, or other intellectual property transfers to you.
All rights not expressly granted are reserved by M2Base LLC and its licensors.
8. COURSE ACCESS PERIOD
Unless a written checkout disclosure states otherwise, access to an Examen Elite course lasts forty-five (45) consecutive calendar days.
Examen Elite does not currently sell access extensions.
You are responsible for planning your study activity so that required work is completed during the access period.
Expiration of access does not itself create a refund right.
If law, regulation, or a written course-specific commitment requires a different access rule, that requirement controls.
9. PAYMENTS AND BILLING
All prices are stated in U.S. dollars unless expressly stated otherwise.
Payment is due as shown at checkout.
Your payment statement may identify the merchant using “EXAMEN ELITE,” “Examen Elite,” M2Base LLC, or another substantially similar processor-approved merchant descriptor.
You agree to provide valid payment information and not knowingly initiate a false or deceptive chargeback.
Promotions, coupons, and discounts:
- apply only as stated;
- may have eligibility conditions;
- generally have no separate cash value; and
- do not increase the amount of any refund beyond the amount actually paid unless applicable law requires otherwise.
10. REFUND POLICY INCORPORATED
The Examen Elite Refund, Cancellation, Access, and Withdrawal Policy is incorporated into these Terms.
In general, M2Base has elected to allow a limited voluntary refund only when all stated requirements are met, including:
- request within 48 hours of purchase;
- less than one hour of recorded course usage;
- no access to any quiz or assessment, including a mini-quiz;
- no entry into any live session;
- no downloading or retrieval of protected course materials;
- no Certificate of Completion; and
- no disqualifying misconduct.
Provider cancellation or postponement of a regulated Florida prelicensing course is governed by the applicable mandatory Florida DFS refund rules, which are not reduced by the voluntary-refund conditions above.
11. SELF-STUDY ONLINE COURSE STATUS
Where an Examen Elite course is offered and approved as a Florida Self-Study Online prelicensing course, the regulated course remains a self-study online course.
Optional live classes, live review sessions, Q&A sessions, recordings, audio reviews, or similar supplemental resources:
- are provided as additional study support;
- are not mandatory unless expressly stated;
- do not automatically become part of the state-required instructional hours;
- do not replace the approved self-study content; and
- do not create a representation that the course is a classroom or webinar course.
Examen Elite may change or discontinue supplemental resources that are not part of the approved required course, provided that doing so does not improperly remove a legally required course component or violate an express paid-product commitment.
12. STUDENT RESPONSIBILITY FOR COURSE COMPLETION
You are responsible for:
- reviewing required content;
- completing required activities;
- following course instructions;
- maintaining sufficient access to compatible technology;
- meeting applicable deadlines;
- completing quizzes and assessments personally;
- satisfying course-completion requirements; and
- complying with academic-integrity requirements.
Examen Elite may establish reasonable progression rules and completion gates consistent with applicable regulatory requirements.
13. ACADEMIC INTEGRITY
All regulated coursework and assessments must be completed by the student identified in the account.
You may not:
- have another person complete work for you;
- complete another student’s work;
- use proxy test-taking;
- share answers;
- receive unauthorized assistance;
- use unauthorized notes, websites, devices, materials, software, tools, or third parties during an assessment where such assistance is prohibited;
- manipulate assessment scores;
- manipulate time or progress records;
- interfere with exam security; or
- attempt to reconstruct or distribute protected assessment content.
14. FINAL EXAMINATION ACKNOWLEDGMENT
Before beginning a final examination when required, you may be required to affirm an acknowledgment substantially stating that you will complete the examination:
- without assistance from another person;
- without prohibited course materials;
- without prohibited outside materials; and
- in compliance with the course’s examination rules.
Your acknowledgment may be electronically recorded and associated with your student ID, course version, examination attempt, timestamp, and result.
Refusal to provide a required acknowledgment may prevent access to the final examination.
15. ASSESSMENT SECURITY
Question banks, quiz items, final-examination items, answer choices, explanations, scoring logic, blueprints, and related materials are confidential proprietary educational content except to the extent a specific item is lawfully public-domain or owned by a third party.
You may not:
- photograph assessment screens;
- screenshot assessment content;
- screen-record assessments;
- transcribe questions for redistribution;
- post questions online;
- send questions to another person;
- compile a competing question bank;
- scrape questions using software;
- use automated tools to extract assessment content; or
- solicit actual confidential state examination questions from another candidate.
16. INTELLECTUAL PROPERTY OWNERSHIP
Except for third-party content expressly identified as such, M2Base LLC owns or controls the rights in Examen Elite’s original:
- educational text;
- explanations;
- quizzes;
- question banks;
- graphics;
- diagrams;
- videos;
- audio;
- recordings;
- worksheets;
- PDFs;
- software;
- page layouts;
- data structures;
- course organization;
- compilations;
- original study aids;
- trademarks;
- logos;
- trade dress; and
- proprietary platform materials.
“Examen Elite” is used as a registered brand of M2Base LLC as represented by M2Base.
Third-party trademarks and materials remain the property of their respective owners.
17. PROHIBITED COPYING AND DISTRIBUTION
Without prior written authorization from M2Base LLC, you may not:
- copy;
- reproduce;
- republish;
- record;
- broadcast;
- distribute;
- sell;
- resell;
- sublicense;
- lease;
- rent;
- loan;
- publicly display;
- publicly perform;
- translate;
- modify;
- adapt;
- create derivative works from;
- upload to a shared drive;
- post to social media;
- post to a file-sharing service;
- provide to a tutoring or test-prep competitor; or
- otherwise exploit Examen Elite protected materials.
A limited personal note-taking privilege does not authorize reproduction or distribution of substantial portions of the course.
18. AUTOMATED ACCESS, SCRAPING, DATA MINING, AND AI TRAINING
Unless M2Base LLC gives prior written permission, you may not use:
- bots;
- spiders;
- crawlers;
- scrapers;
- browser automation;
- headless browsers;
- extraction scripts;
- bulk-download tools;
- automated screen capture;
- data-mining tools;
- model-training pipelines; or
- similar automated systems
to access, copy, index, harvest, extract, reproduce, analyze, or build datasets from protected Examen Elite content.
You may not use Examen Elite proprietary content, question banks, or protected course materials to train, fine-tune, evaluate, benchmark, retrieve for, or otherwise develop an artificial-intelligence, machine-learning, large-language-model, or automated tutoring system without M2Base LLC’s prior written authorization.
Nothing in this section prohibits uses that applicable law expressly makes nonwaivable.
19. REVERSE ENGINEERING AND SECURITY CIRCUMVENTION
To the maximum extent permitted by law, you may not:
- reverse engineer proprietary platform code;
- bypass paywalls or authentication controls;
- defeat access restrictions;
- disable integrity checks;
- exploit vulnerabilities;
- probe nonpublic endpoints without authorization;
- interfere with rate limits or security controls;
- inject malicious code;
- disrupt service; or
- attempt to obtain administrator, auditor, instructor, or other privileged access without authorization.
Security research is not authorized merely because a user can technically reach an endpoint.
20. STUDY MANUALS AND THIRD-PARTY MATERIALS
Examen Elite does not claim ownership of third-party study manuals or third-party intellectual property.
The official Florida Health & Life study manual, when required by Florida DFS, is a third-party resource and is not redistributed by Examen Elite unless Examen Elite has lawful authorization to do so.
You are responsible for obtaining third-party materials from the lawful vendor when required.
Third-party materials may be subject to separate terms, licenses, prices, and refund policies.
21. THIRD-PARTY SERVICES
Examen Elite may rely on independent third parties for:
- hosting;
- payment processing;
- email;
- video conferencing;
- analytics;
- customer support;
- content delivery;
- authentication;
- security; or
- other technology.
Those third parties may have their own terms and privacy practices.
Examen Elite does not warrant that every third-party service will operate without interruption.
However, Examen Elite remains responsible for its own obligations to the extent applicable law does not permit those obligations to be delegated or disclaimed.
22. TECHNOLOGY REQUIREMENTS
You are responsible for having reasonably compatible:
- internet access;
- browser;
- device;
- audio capability where needed;
- email access; and
- other ordinary technology described before purchase.
A temporary problem caused solely by a student’s device, internet provider, firewall, browser configuration, email settings, or unsupported software does not automatically create a refund right.
Examen Elite will make reasonable efforts to provide support for platform issues within the scope of its services.
23. SERVICE AVAILABILITY AND MAINTENANCE
Examen Elite does not promise uninterrupted or error-free operation.
The platform may be temporarily unavailable because of:
- maintenance;
- updates;
- hosting failures;
- cyber incidents;
- telecommunications failures;
- third-party outages;
- emergency repairs;
- regulatory changes; or
- events beyond reasonable control.
When a material platform outage caused by Examen Elite substantially prevents access to a paid course, Examen Elite may provide a reasonable remedy such as restoration of access, an access-period adjustment where appropriate, or another remedy required by law.
A brief or immaterial outage does not automatically entitle the student to damages or refund.
24. REGULATORY CHANGES AND COURSE UPDATES
Insurance laws, regulations, exam outlines, manuals, and licensing requirements can change.
Examen Elite may update course content, questions, policies, or procedures to reflect:
- changes in Florida law;
- Florida DFS instructions;
- Pearson VUE outlines;
- study-manual editions;
- regulatory interpretations; or
- corrections and quality improvements.
Examen Elite does not promise that a regulatory agency will never change an examination, rule, form, process, or requirement after a student purchases a course.
25. NO GOVERNMENT ENDORSEMENT
Unless an agency has expressly authorized a specific statement, Examen Elite does not represent that:
- Florida DFS;
- the State of Florida;
- Pearson VUE;
- NAIFA-Florida; or
- another government or testing entity
sponsors, endorses, guarantees, or is affiliated with Examen Elite.
If a course becomes officially approved by Florida DFS, Examen Elite may accurately state the approval status and required regulatory identifiers, but such approval does not constitute a guarantee that a student will pass an examination or obtain a license.
26. CERTIFICATE OF COMPLETION
A Certificate of Completion is evidence of course completion only to the extent stated on the certificate and applicable regulations.
A Certificate of Completion:
- is not an insurance license;
- does not authorize the student to transact insurance;
- does not guarantee eligibility for licensure;
- does not guarantee approval of a license application;
- does not guarantee an examination result; and
- does not guarantee appointment or employment.
Examen Elite may withhold or invalidate a certificate when required by law or when reliable evidence establishes that completion was obtained through fraud or material academic misconduct, subject to applicable regulatory requirements.
27. NO PASS OR LICENSURE GUARANTEE
Examen Elite does not guarantee:
- passage of any examination;
- a particular score;
- issuance of a license;
- appointment by an insurer;
- employment;
- compensation;
- acceptance by a regulator; or
- any professional or financial result.
Your failure to pass a state examination or obtain a license does not mean the course was defective and does not independently create a refund right.
28. EDUCATIONAL INFORMATION; NOT PROFESSIONAL ADVICE
Course content is provided for educational purposes.
Unless expressly stated otherwise, Examen Elite is not acting as your:
- lawyer;
- tax adviser;
- financial adviser;
- investment adviser;
- insurance producer;
- medical adviser; or
- personal compliance counsel.
Examples and explanations used to teach licensing concepts are not individualized professional advice.
29. STUDENT COMMUNICATIONS
You agree that Examen Elite may send transactional and course-related communications reasonably necessary to:
- administer your account;
- confirm purchases;
- provide access;
- respond to support inquiries;
- communicate course or regulatory updates;
- deliver certificates;
- address security issues; or
- provide legally required notices.
Marketing communications, if any, remain subject to applicable consent and opt-out requirements.
30. USER SUBMISSIONS AND SUPPORT CONTENT
If you submit a support request, feedback, suggestion, correction, or voluntary testimonial, you represent that you have the right to submit it.
You retain ownership of your original content.
You grant Examen Elite a nonexclusive right to use support submissions as reasonably necessary to:
- respond to you;
- operate the service;
- investigate issues;
- improve the course; and
- comply with law.
Examen Elite will not publicly use a student’s name or testimonial for advertising merely because the student contacted support, unless appropriate permission is obtained.
31. FEEDBACK
If you voluntarily submit an idea, suggestion, feature request, or recommendation concerning the Examen Elite platform or course, M2Base may use the underlying idea to improve its products without owing compensation, provided that this does not transfer ownership of unrelated copyrighted material that you submit.
32. PRIVACY
Personal information is handled according to the applicable Examen Elite Privacy Policy and legal requirements.
These Terms do not replace the Privacy Policy.
Before publication, Examen Elite should maintain a separate Privacy Policy accurately describing actual data collection, cookies, analytics, payment processing, retention, and disclosure practices.
33. RECORDKEEPING AND REGULATORY ACCESS
Where applicable to regulated education, Examen Elite may retain records of:
- enrollment;
- identity verification;
- access;
- progress;
- assessments;
- final examination attempts;
- acknowledgments;
- scores;
- course version;
- completion;
- certificate issuance;
- refunds; and
- other required records.
Examen Elite may provide lawful access or records to Florida DFS or another competent regulator when required or authorized by law.
Nothing in these Terms requires Examen Elite to delete a record that it is legally required to retain.
34. SUSPENSION AND TERMINATION
Examen Elite may suspend or terminate your account or course access when reasonably necessary because of:
- nonpayment;
- charge reversal;
- fraud;
- identity concerns;
- account sharing;
- academic misconduct;
- unauthorized copying;
- security threats;
- abusive or unlawful conduct;
- violation of intellectual-property restrictions;
- attempts to compromise the platform; or
- a material breach of these Terms.
Where immediate action is reasonably necessary to protect assessment integrity, student records, platform security, or intellectual property, suspension may occur without advance notice.
Termination does not eliminate payment obligations already incurred and does not create a refund right unless the Refund Policy or applicable law provides otherwise.
35. INVESTIGATION AND PRESERVATION OF EVIDENCE
When investigating suspected misconduct, Examen Elite may preserve relevant logs, account activity, communications, and security information as permitted by law.
Examen Elite may disclose relevant evidence to:
- payment processors;
- regulators;
- law enforcement;
- courts;
- arbitrators;
- service providers assisting with security or fraud prevention; or
- legal counsel
when legally permitted and reasonably necessary.
36. COPYRIGHT AND INTELLECTUAL-PROPERTY ENFORCEMENT
M2Base LLC reserves the right to protect its intellectual property using lawful means, including:
- takedown requests;
- cease-and-desist notices;
- platform suspension;
- preservation of evidence;
- claims for damages where available; and
- requests for temporary, preliminary, or permanent injunctive relief.
No delay in enforcement constitutes permission to continue an unauthorized use.
37. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXAMEN ELITE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
M2BASE LLC DISCLAIMS IMPLIED WARRANTIES TO THE EXTENT THEY MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EXAMEN ELITE DOES NOT WARRANT THAT:
- THE PLATFORM WILL BE UNINTERRUPTED;
- EVERY ERROR WILL BE CORRECTED IMMEDIATELY;
- EVERY DEVICE OR SOFTWARE CONFIGURATION WILL BE COMPATIBLE;
- COURSE CONTENT WILL GUARANTEE A PARTICULAR EXAMINATION RESULT; OR
- A GOVERNMENT OR THIRD PARTY WILL TAKE A PARTICULAR ACTION.
This section does not disclaim an express written promise that applicable law does not permit Examen Elite to disclaim, nor does it waive nonwaivable consumer or regulatory rights.
38. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, M2BASE LLC, EXAMEN ELITE, AND THEIR MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE COURSE, PLATFORM, WEBSITE, OR THESE TERMS, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF M2BASE LLC ARISING FROM A STUDENT’S PURCHASE OR USE OF A SPECIFIC COURSE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THAT STUDENT TO M2BASE LLC FOR THE SPECIFIC COURSE GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE LIMITED OR EXCLUDED.
These limitations are intended to allocate contractual risk and are not intended to authorize fraud, intentional misconduct, or a violation of nonwaivable law.
39. INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify and hold harmless M2Base LLC, Examen Elite, and their managers, officers, employees, and agents from third-party claims, losses, liabilities, and reasonable costs arising from:
- your unlawful use of the services;
- your infringement or misappropriation of another person’s rights;
- your unauthorized distribution of Examen Elite protected content;
- your malicious attack on the platform;
- your fraudulent impersonation or account misuse; or
- your material breach of these Terms that causes a third-party claim.
This indemnity does not require you to indemnify M2Base LLC for its own conduct to the extent such indemnification is prohibited by law.
40. FORCE MAJEURE
To the extent permitted by law, M2Base LLC is not liable for a delay or failure caused by events beyond its reasonable control, such as:
- natural disasters;
- widespread telecommunications outages;
- war;
- civil unrest;
- government orders;
- major cyberattacks;
- labor disruptions;
- widespread cloud-provider failures; or
- other comparable events.
This provision does not eliminate a mandatory refund obligation imposed by Florida DFS or another nonwaivable law.
41. DISPUTE RESOLUTION — IMPORTANT NOTICE
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS.
Except as expressly excluded below, you and M2Base LLC agree to resolve covered disputes through binding individual arbitration rather than through a lawsuit before a judge or jury.
This arbitration agreement is intended to be interpreted consistently with the Federal Arbitration Act (“FAA”), the applicable AAA Consumer Arbitration Rules, the Florida Revised Arbitration Code to the extent applicable and not preempted, and nonwaivable consumer-law requirements.
42. INFORMAL DISPUTE RESOLUTION
Before initiating arbitration, the party asserting a dispute must send an individualized written Notice of Dispute.
A notice sent by the student must be delivered to:
contact@prueba.grupoelitework.com
and, if requested by M2Base LLC, to:
Miami, Florida, United States
A notice sent by M2Base LLC will be sent to the student’s account email and any other legally appropriate address.
The Notice of Dispute must include:
- the claimant’s full name;
- account email, if applicable;
- transaction or course at issue;
- a reasonably detailed description of the dispute;
- the relief requested; and
- contact information for responding.
The parties will attempt in good faith to resolve the dispute informally for thirty (30) days after receipt of a substantially complete notice.
Neither party is required to disclose privileged attorney-client communications during this process.
This informal process does not prohibit either party from seeking urgent provisional relief when delay would create irreparable harm.
43. AGREEMENT TO BINDING INDIVIDUAL ARBITRATION
If the dispute is not resolved through the informal process, either party may initiate binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules then in effect, as modified only to the extent lawfully permitted by these Terms.
The arbitration agreement applies broadly to claims arising out of or relating to:
- these Terms;
- the Refund Policy;
- your account;
- a purchase;
- course access;
- course content;
- assessments;
- refunds;
- communications;
- certificates;
- the website;
- privacy-related contractual claims;
- intellectual-property disputes not excluded below;
- or the relationship between you and M2Base LLC,
whether based in contract, tort, statute, fraud, misrepresentation, or another legal theory, except claims expressly excluded from arbitration below.
44. FEDERAL ARBITRATION ACT
The parties agree that transactions for online educational services involve or affect interstate commerce.
To the extent applicable, the Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Florida substantive law governs the underlying contractual relationship except where federal law or another mandatory law controls.
45. ARBITRATION PROCEDURE AND LOCATION
The AAA Consumer Arbitration Rules govern procedural matters unless mandatory law requires otherwise.
The arbitration may proceed by documents, telephone, videoconference, or in person as permitted by the AAA rules and the arbitrator.
Any in-person hearing involving a consumer will be held at a location reasonably convenient to the consumer, consistent with the AAA Consumer Arbitration Rules, unless the parties agree otherwise.
The arbitrator may award any individualized remedy that would be available in court under applicable law.
46. ARBITRATION FEES AND ATTORNEYS’ FEES
Arbitration fees will be allocated according to the AAA Consumer Arbitration Rules and applicable law.
M2Base LLC will pay fees that the AAA Consumer Arbitration Rules require the business to pay.
Each party will ordinarily bear its own attorneys’ fees unless:
- a statute authorizes fee shifting;
- the AAA rules provide otherwise;
- the arbitrator awards fees under applicable law; or
- the parties agree otherwise.
47. SMALL-CLAIMS COURT EXCEPTION
Either party may bring an eligible individual claim in small-claims court if the claim falls within that court’s jurisdiction.
If a claim is transferred, removed, appealed, or otherwise becomes ineligible for small-claims treatment, the arbitration agreement may apply to the extent permitted by law.
48. INTELLECTUAL-PROPERTY AND PROVISIONAL-RELIEF EXCEPTION
Notwithstanding the arbitration agreement, M2Base LLC may seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction when reasonably necessary to prevent or stop:
- actual or threatened copyright infringement;
- trademark infringement;
- theft or misappropriation of proprietary course materials;
- unauthorized distribution of question banks;
- trade-secret misappropriation;
- platform attacks;
- unauthorized access;
- security circumvention; or
- another misuse likely to cause irreparable harm.
Either party may also seek a provisional remedy in aid of arbitration where permitted by law.
Seeking such limited relief does not waive arbitration of other arbitrable claims.
49. GOVERNMENT AND REGULATORY RIGHTS
Nothing in the arbitration clause prevents a student from:
- contacting Florida DFS;
- filing a lawful complaint with a government agency;
- cooperating with a regulator;
- reporting suspected unlawful conduct; or
- seeking any government remedy that applicable law does not permit the parties to waive.
50. CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND M2BASE LLC AGREE THAT COVERED CLAIMS WILL BE ASSERTED AND RESOLVED ONLY ON AN INDIVIDUAL BASIS.
NEITHER PARTY MAY SEEK TO HAVE AN ARBITRABLE DISPUTE HEARD AS:
- A CLASS ACTION;
- A COLLECTIVE ACTION;
- A REPRESENTATIVE ACTION;
- A PRIVATE-ATTORNEY-GENERAL ACTION; OR
- ANOTHER PROCEEDING IN WHICH ONE PERSON SEEKS RELIEF ON BEHALF OF UNRELATED PERSONS,
except to the extent applicable law makes such a waiver unenforceable.
An arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim, except where applicable law requires otherwise.
51. JURY-TRIAL WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND M2BASE LLC KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE SUBJECT TO ARBITRATION.
If a dispute proceeds in court for a reason that does not invalidate this waiver, each party also waives a jury trial to the maximum extent permitted by applicable law.
52. THIRTY-DAY ARBITRATION OPT-OUT
You may opt out of the arbitration agreement without opting out of the remainder of these Terms.
To opt out, you must send a signed written notice within thirty (30) days after you first affirmatively accept these Terms.
The notice must include:
- your full legal name;
- account email;
- date of purchase or acceptance, if known;
- a clear statement that you are opting out of the arbitration agreement in the Examen Elite Terms and Conditions; and
- your signature.
Send the notice to:
contact@prueba.grupoelitework.com
and/or
M2Base LLC d/b/a Examen Elite
Miami, Florida, United States
A timely and valid arbitration opt-out does not cancel your purchase, does not create a refund right, and does not affect the remaining Terms.
53. SEVERABILITY OF ARBITRATION TERMS
If a portion of the arbitration agreement is found unenforceable, the remainder will remain effective to the maximum extent permitted by law.
If a court determines that the class-action waiver cannot lawfully be enforced as to a particular claim or form of relief, that particular claim or form of relief will proceed only in the forum required by law, while enforceable individual claims remain subject to arbitration where legally permitted.
54. GOVERNING LAW
Except for matters governed by the Federal Arbitration Act, federal law, or another mandatory law, these Terms are governed by the laws of the State of Florida without applying a conflict-of-law rule that would defeat a mandatory consumer protection.
Any court proceeding not subject to arbitration must be filed in a court having proper subject-matter and personal jurisdiction and proper venue under applicable law.
55. MODIFICATIONS TO THESE TERMS
M2Base LLC may update these Terms for future use.
Material changes will apply prospectively unless applicable law permits otherwise.
For an existing purchase, Examen Elite will not rely on a later unilateral amendment to retroactively eliminate a material accrued right that existed under the version affirmatively accepted by the student.
For a material change to the arbitration agreement, Examen Elite should provide reasonable notice and any additional opt-out opportunity required by applicable law or the chosen arbitration administrator’s consumer standards.
56. ASSIGNMENT
You may not assign or transfer your account, license, or rights under these Terms without prior written permission from M2Base LLC.
M2Base LLC may assign these Terms in connection with a merger, acquisition, reorganization, sale of substantially all relevant assets, or lawful transfer of the Examen Elite business, subject to applicable law.
57. NO AGENCY OR FIDUCIARY RELATIONSHIP
These Terms do not create:
- a partnership;
- joint venture;
- employment relationship;
- agency relationship;
- franchise;
- fiduciary relationship; or
- professional advisory relationship
between the student and M2Base LLC.
58. NO WAIVER
A failure or delay by either party to enforce a provision does not permanently waive that provision.
A waiver is effective only to the extent clearly given.
59. SEVERABILITY
If any non-arbitration provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent, and the remaining provisions will remain in effect unless the invalid provision defeats the essential purpose of the agreement.
60. HEADINGS
Section headings are for convenience and do not limit the meaning of the Terms.
61. ENTIRE AGREEMENT
These Terms, the Refund Policy, the applicable Privacy Policy, and any specific written product terms presented at checkout constitute the agreement concerning the student’s purchase and use of the applicable Examen Elite services, except for a separate written agreement signed by an authorized representative of M2Base LLC.
Statements by support personnel, instructors, contractors, or other representatives do not modify these Terms unless the modification is made through an authorized written process.
62. SURVIVAL
Provisions concerning:
- intellectual property;
- account misuse;
- evidence preservation;
- disclaimers;
- limitation of liability;
- indemnification;
- dispute resolution;
- governing law; and
- any payment obligation already incurred
survive termination to the extent logically necessary to give them effect.
63. CONTACT
Customer Support:
contact@prueba.grupoelitework.com
Legal Notices and Arbitration Opt-Out:
contact@prueba.grupoelitework.com
Mail:
M2Base LLC d/b/a Examen Elite
Miami, Florida, United States