Last Updated September 27, 2024.
Thank you for visiting my website at giavannacerra.com.
Please review these Terms of Purchase very carefully. By purchasing my products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access my products and/or services.
General Purpose. These Terms are between you (“Purchaser,” “you,” “your”) and “Giavanna Cerra”, the DBA name for my company, “Verto Vita Transformational Enterprises” (“Company,” “me,” “my,” “I”) for the purpose of purchasing or otherwise obtaining digital products and/or services (my “Products”) whether through the Company’s website at giavannacerra.com, related domains or subdomains, or my online Shop hosted on a third-party platform (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”
By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions, together with the Terms of Use and my Privacy Policy, all of which are hereby incorporated by reference ( the "Terms"):
Scope of Products. My Products include but are not limited to: digital downloads, templates, online courses, freelance services, masterclasses, intensives, retreats, masterminds, workshops, consulting, and coaching services.
Product Delivery. Upon successful payment, you will receive access to the Products you purchased according to the delivery method specified at checkout. For digital products, access is typically granted immediately through an emailed download link or account login details. If you do not receive your product within the expected timeframe, please contact me at support@vertovita.com to resolve the issue. For pre-sale or pre-order products, delivery timelines will be provided on the product page. The Company will make reasonable efforts to meet any estimated delivery dates, but delays may occur due to unforeseen circumstances. In the event of significant delays, the Company will notify you, and at the Company’s discretion, a refund or alternate resolution may be provided. Please note that the Company cannot guarantee specific delivery timelines for physical products due to factors beyond my control, such as shipping carrier delays or force majeure events.
Product Disclaimer. The content provided in my Products is for informational purposes only and does not constitute legal, medical, financial, or professional advice. You agree that you are solely responsible for any actions or decisions you take based on the information provided in the Products. The Company disclaims any and all liability arising from reliance on the content provided.
The Products are sold "As-is," and the Company makes no warranties or guarantees regarding the outcome or results of using them. You understand and agree that purchasing the Products does not guarantee specific results, including financial or business gains for you personally or for your business. The information included in the Products is provided for informational purposes only, and you are responsible for implementing any business practices or suggested actions at your own risk.
No Warranties + No Guarantees. I am providing the Products on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation. You understand and agree that purchasing the Products does not guarantee specific results, including financial or other business gains for you personally and/or for the business. As outlined in my General Disclaimer, no specific results or outcomes are guaranteed from the use of my products or services. The information included in the Products is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Products.
Payment + Billing. By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in USD.
Refund and Return Policy. Due to the immediate accessibility of digital products, no refunds or returns will be issued once a purchase has been completed unless explicitly stated in the product description. For digital products and services where instant access is granted (e.g., downloads, online courses), all sales are final.
However, if you encounter a technical issue with the product or experience a defective delivery (e.g., broken file link, corrupted file), please email me within 7 days of purchase at support@vertovita.com. I will make reasonable efforts to resolve the issue, or if a resolution is not possible, I may issue a replacement product or refund at my sole discretion.
For subscription services, you may cancel your subscription at any time in writing by emailing me at support@vertovita.com. However, all payments for the subscription period you committed to are non-refundable, and cancellation will be effective at the end of the current billing cycle.
No modifications to purchases will be granted after the sale is complete. In addition, no refunds will be issued for failure to use any purchased products or services.
For some services purchased, a separate agreement may be provided to you with separate purchase terms specific to that purchase. Any services that do not provide a separate agreement will also fall under this no-refund and return policy. Thank you for understanding.
Subscriptions + Subscription Cancellations. When you purchase any Products on an ongoing subscription basis (for example: weekly, monthly, quarterly, or annually), you are authorizing the Company to process incurred and recurring Fees until the subscription is terminated and all outstanding fees have been paid in full. You must keep a valid Authorized Payment Method on file with the Company. If I cannot successfully process a payment of the Fees using your Authorized Payment Method, I will make a second attempt to process payment; then I will make a final attempt if that is unsuccessful. If the final attempt is also unsuccessful, I reserve the right to suspend or revoke your subscription until all current and outstanding Fees are paid. If outstanding Fees remain unpaid for 90 days following the suspension date, the Company reserves the right to refer your account to collections. The Purchaser has 30 days to notify the Company of any issues with recurring payments.
You are required to complete all payments for the subscription period you committed to at purchase. At the end of the subscription period, the subscription service will auto-renew on the same frequency as your original purchase and may be canceled at any time in writing. If any payment is returned unpaid or the payment method is rejected during the subscription period, the Company or its service providers reserve the right to collect any applicable fees as permitted by law. If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if you fail to make 2 payments on time, the Company is permitted to cancel your participation in the program by providing written notice at the email address provided by you. Upon cancellation, you agree and promise to pay the Company a cancellation fee as damages equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the Agreement. The cancellation fee is due immediately, and the Company is authorized to use any credit card or bank account on file to collect such fee. The Company will have no further obligations to perform under these Terms following cancellation.
Chargebacks. By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. I have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.
Promotions + Discounts. Promotions, discounts, and special offers (“Promotions”) are made available to you at the Company’s sole discretion and are subject to change without notice. Promotions are not guaranteed to be available at the time of purchase unless explicitly stated. Unless expressly allowed in the terms of a Promotion, Promotions cannot be combined with other offers. Promotions are limited to the stated period and subject to availability. If you purchased a product prior to the introduction of a Promotion, the Company is not obligated to retroactively apply the Promotion or issue store credit, refunds, or price adjustments.
License for Use. By purchasing Products through my Website, you are agreeing to the Terms of Purchase, and in return, I am providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Products by yourself only. Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing the Products, whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Products for personal use, provided that all original formatting, copyright and trademark notices, and branding remains intact. Your limited license allows you to use the Products and any associated materials for yourself only. If you have multiple team members who would need access to the Products, you must purchase an additional License for each member of your team and ensure they are aware of these Terms of Purchase. For templates and customizable products, you are permitted to modify, copy, edit, print, and otherwise adapt this product for use for yourself and/or your business as long as you agree to adhere to all state and federal laws and intellectual property terms contained in these Terms. You are not permitted to reproduce, give away, publish, sell, or distribute this Product in any way, whether publicly or privately. You agree to modify the Products only in a manner consistent with these Terms of Purchase.
Intellectual Property. The Company owns and retains all rights, titles, and interests in and to the Products, including but not limited to all trademarks, copyrighted material, trade secrets, and other proprietary information. Nothing in these Terms transfers any intellectual property ownership to you beyond the limited, non-transferable license described below, and I reserve all rights not expressly granted to you.
Upon purchase, you are granted a limited, non-transferable license to use the Products for personal, non-commercial purposes only. You may not reproduce, modify, distribute, publicly display, or otherwise use any content from the Products without my express written permission. Any modification of Products (such as templates) is allowed solely for personal use and must not be redistributed, sold, or used for commercial purposes.
Permission to alter or modify the Products in a way that is consistent with these Terms does not grant you intellectual property ownership or the right to modify the Products beyond the scope of this license. Under no circumstances does this permission extend to the public or commercial use of any modified or original Product content.
You may not use the Company’s trademarks, including but not limited to brand names, logo marks, service marks, designs, and slogans, without written permission from the Company.
Consent to Use. By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to me on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing me to use your Submissions for any reasonable future business use. In doing so, I may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on my Website, marketing materials, guides, and any other platform not expressed in these Terms.
Age Limitations. You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase. By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.
Changing Terms. I reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after I have updated the Terms of Purchase indicates your acceptance and agreement to the changes.
Privacy + Protection of Personal Information. I respect your privacy and are committed to protecting it. I may use certain information that I collect from you to operate my Company and provide my Products. Please review my Privacy Policy to understand the types of data I may collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how I may use your Data.
Error in Store Presentation. While I make every effort to provide accurate product information and pricing on the Website, typographical errors, pricing errors, and other inaccuracies may occur. I reserve the right to correct any errors and update product descriptions, availability, and prices at any time without prior notice. If a pricing error occurs, I reserve the right to cancel or refuse any order placed at the incorrect price, regardless of whether the order has been confirmed and payment has been processed. In the event your order is canceled due to such an error, you will receive a full refund for the amount paid for the affected product(s).
Termination of Use. I may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.
Limitation of Liability. To the fullest extent permitted by law, I disclaim all liability for any indirect, incidental, consequential, or punitive damages arising from or related to your purchase or use of the Products, even if I have been advised of the possibility of such damages. My total liability to you for any claims related to the Products, whether in contract, tort, or otherwise, will not exceed the amount paid by you for the Product you purchased from me. As outlined in my General Disclaimer, no specific results or outcomes are guaranteed from the use of my products or services. Please refer to my Terms of Use for additional limitations of liability related to website use.
In no event shall the Company’s total liability to you for any claim arising out of or relating to the purchase or use of the Products exceed the total amount paid by you to the Company in the preceding 12 months for the specific product or service giving rise to the claim. This Limitation of Liability applies to all causes of action, whether arising from breach of contract, tort (including negligence), strict liability, or any other legal or equitable theory.
No Warranties and No Guarantees. I provide the Products on this Website and in my online Shop on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, or any rights or licenses not expressly provided in these Terms. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, or any related documentation. Purchasing the Products does not guarantee any specific result, including financial or business gains. You are responsible for implementing any business practices or actions suggested in the Products at your own discretion and risk.
Exception for Non-excludable Liability. This Limitation of Liability does not purport to exclude or limit any liability that cannot be excluded or limited by applicable law, including liability for personal injury, fraud, or gross negligence. If any jurisdiction does not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you, but the limitation will apply to the fullest extent permitted by law.
Maximum Damages. My entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.
Binding Arbitration and Class Action Waiver. Any dispute, controversy, or claim arising out of or relating to these Terms or the Products purchased shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Fort Bend County, Texas, unless otherwise mutually agreed upon.
By agreeing to arbitration, you waive your right to bring a lawsuit in court or to participate in a class action proceeding. This means that all disputes between the parties will be resolved individually and not as part of a group, class, or representative action.
The decision of the arbitrator shall be final and binding on the Parties, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Parties will share the costs of arbitration equally, unless the arbitrator awards otherwise.
If arbitration is unable to proceed in the designated jurisdiction, I reserve the right to unilaterally choose another arbitration venue that is acceptable under applicable law.
Choice of Law. These Terms and the Parties’ relationship are governed by the laws of the state of Texas, USA. In the event of conflicting laws, the laws of Texas, USA will control.
Notices. I may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Giavanna Cerra at 1708 Spring Green Blvd Ste 120 #1105 Katy, TX 77494. Notices provided by certified mail will be effective upon actual receipt of the notice.
Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, I am not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.
Transfer + Assignment. You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.
Force Majeure. To the extent that any failure or delay in my delivery of the Products under these Terms is caused by or results from acts or circumstances beyond my reasonable control, I will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.
Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.