
Legal
Terms and conditions
Clear rules. Fair for both of us.
Effective date: November 11, 2026
The short version
- These are the rules for using gilbertoherrera.com.
- Our content teaches and informs. It is not legal, tax or financial advice, and we do not promise results or income.
- Our content belongs to us. Please do not copy or resell it.
- Disputes are settled one on one through arbitration, not in class actions. See Section 16.
- If you do not agree with these Terms, please do not use the site.
1. Agreement to these Terms
This website is owned and run by Gilberto Herrera Enterprises, LLC (“we,” “us,” “our”). These Terms and Conditions (“Terms”) are a legal agreement between you and us. They apply when you visit gilbertoherrera.com, fill out a form, use our chat, tools or audits, sign up for emails or texts, or contact us.
By using the site, you agree to these Terms and to our Privacy Policy. If you use the site for a business, you agree for that business too.
2. Who can use this site
You must be at least 18 years old to use this site. The site is meant for people in the United States.
3. What we do
We provide business growth services. These include consulting, coaching, fractional CMO and marketing services, AI and automation services, training, workshops, speaking, media and educational content. This site shares information about those services and lets you contact us, book time and request resources.
4. Paid services and client agreements
If you hire us, buy a program or book Gilberto to speak, you will get a separate written agreement, proposal or order form. If that agreement and these Terms say different things, the signed agreement wins. Prices, payment dates, refunds and cancellation rules are set in that agreement or on the checkout page.
5. No professional advice
Everything on this site is for general education and information. It is not legal, tax, accounting, investment or other professional advice. We are not your attorney, accountant or financial advisor. Talk to a licensed professional before you make legal, tax or money decisions. Reading this site or contacting us does not make you our client. That only happens with a signed agreement.
6. No promise of results or income
We work hard to share what works. But we cannot and do not promise that you will get clients, make money or get any specific result. Your results depend on many things we do not control, like your effort, your market, your offer and your experience.
Client stories, case studies, numbers and testimonials on this site are real examples. They are not typical and are not a promise that you will get the same outcome. Any statements about future results are opinions, not guarantees. You are responsible for your own business decisions.
7. AI tools, audits and reports
We use artificial intelligence (AI) on this site and in our business. Our chat, text line and phone line may be answered by an AI assistant. Free audits, scores, quizzes and reports may be made in whole or in part by automated tools.
- AI and automated tools can make mistakes or leave things out.
- Their answers are general information, not professional advice and not a binding offer, quote or promise from us.
- Do not rely on them alone for important decisions. Ask us to confirm anything that matters.
- Do not enter sensitive personal information into our chat or tools.
8. Calls, texts, chat and tracking
By using this site and contacting us, you agree that:
- We and our service providers may use cookies, pixels, analytics, session recording, chat and AI tools as described in our Privacy Policy.
- Calls, chats and texts with us may be recorded, transcribed and stored.
- We may contact you by email, phone or text at the contact details you give us, about your request.
Text message terms
If you opt in, Gilberto Herrera Enterprises, LLC will send you text messages such as replies to your questions, appointment and event reminders, follow-ups and, if you agreed, marketing messages. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time. Reply HELP for help, or call 205-691-9923 or email info@gilbertoherrera.com. Consent to texts is not a condition of buying anything. Mobile carriers are not liable for delayed or undelivered messages. We do not share your mobile number or text consent with third parties for marketing. See our Privacy Policy for details.
9. Our content and trademarks
We own, or have the right to use, everything on this site. That includes the text, articles, videos, photos, graphics, logos, frameworks, trainings and downloads. The names Gilberto Herrera, Profitable Pro, The Profit Flow, and “Built For Profit, Driven to Lead,” along with our logos, are our trademarks.
You may view the site and share links to it. You may quote short parts with credit and a link back. Unless we say yes in writing, you may not:
- Copy, sell, republish or teach our content as your own.
- Use our name, photos or trademarks to suggest we endorse you.
- Scrape the site, or use our content to train or build AI models or competing products.
10. Rules for using the site
You agree not to:
- Break any law or anyone’s rights.
- Send false, misleading or spam form entries.
- Upload viruses or try to hack, overload or harm the site.
- Use bots or automated tools to collect data from the site.
- Pretend to be someone else.
- Harass our team, our clients or our AI assistants.
We may block anyone who breaks these rules.
11. Things you send us
When you send us a message, form, application, review or idea, you promise it is true and that you have the right to share it. You give us permission to use it to respond to you and run our business. We will not publish your testimonial, name, photo or video in our marketing without your permission. Please do not send us confidential ideas you want kept secret, unless we have a signed agreement.
12. Links, partners and affiliate disclosure
This site links to other websites, tools and products. We do not control them and are not responsible for what they do, say or sell. Using them is at your own risk and under their terms.
Some links are affiliate or partner links. This means we may earn a commission or other payment if you sign up or buy through them, at no extra cost to you. This includes software we recommend, such as GoHighLevel. We only recommend tools we use or believe in, but the choice to buy is yours.
13. No warranties
This site and everything on it are provided “as is” and “as available.” To the fullest extent the law allows, we make no warranties of any kind, express or implied. This includes warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise the site will always be up, secure, current or free of errors.
14. Limit on our liability
To the fullest extent the law allows, Gilberto Herrera Enterprises, LLC and its owners, team members, contractors and partners will not be liable for any indirect, incidental, special, consequential or punitive damages. This includes lost profits, lost revenue, lost data or lost business, even if we were told it could happen.
Our total liability for any claim tied to this site or these Terms will not be more than the greater of (a) the amount you paid us in the 12 months before the claim, or (b) $100.
Some states do not allow some of these limits, so parts of this section may not apply to you.
15. You agree to cover us
If someone makes a claim against us because of how you used the site, what you sent us, or because you broke these Terms or the law, you agree to defend us and pay the costs, including reasonable attorney fees.
16. Disputes: arbitration and class action waiver
Please read this section carefully. It affects your legal rights. You and we agree to settle disputes through binding individual arbitration, not in court, and to give up the right to a jury trial and to take part in a class action.
- Talk to us first. If you have a problem, email info@gilbertoherrera.com with your name, contact details and what happened. You and we will try in good faith to work it out for 30 days before either side starts a case.
- Binding arbitration. If we cannot work it out, any dispute or claim tied to this site, these Terms, our Privacy Policy, our communications with you, or our tracking and data practices will be decided by one arbitrator through the American Arbitration Association (AAA) under its rules. The Federal Arbitration Act applies. The arbitration will take place in Jefferson County, Alabama, or by phone or video if both sides agree. The arbitrator’s decision is final and can be entered in any court.
- No class actions. You and we may bring claims only as individuals. Neither of us may bring or join a class action, group action, mass action or representative case. The arbitrator may not combine cases.
- No jury trial. You and we each give up the right to a trial by jury.
- Exceptions. Either side may bring an individual claim in small claims court. Either side may go to court to stop misuse of intellectual property.
- Your right to opt out. You can opt out of arbitration within 30 days of first using this site. Email info@gilbertoherrera.com with the subject line “Arbitration Opt-Out” and your full name. If you opt out, Section 17 still applies.
- If part of this fails. If the class action waiver cannot be enforced for a claim, that claim will go to court under Section 17, and the rest of this section still applies.
17. Governing law and courts
The laws of the State of Alabama govern these Terms, without regard to conflict of law rules. For any case that is allowed to go to court, you and we agree to use only the state or federal courts located in Jefferson County, Alabama.
18. Copyright complaints
If you believe something on this site copies your work, email info@gilbertoherrera.com with: your contact details, the work you own, the page where you found it, a statement that you believe in good faith the use is not allowed, and a statement that your notice is accurate and you are the owner or act for the owner. We will review it and respond.
19. Changes to the site and these Terms
We may change the site or these Terms at any time. When we change the Terms, we will post the new version here and update the effective date. If you keep using the site after that, you accept the new Terms.
20. General terms
- If a court finds part of these Terms cannot be enforced, the rest still applies.
- If we do not enforce a right right away, we do not lose it.
- These Terms and our Privacy Policy are the full agreement between you and us about this site. A signed client agreement controls the services in it.
- You may not transfer your rights under these Terms. We may transfer ours if our business is sold or reorganized.
21. Contact us
Gilberto Herrera Enterprises, LLC
PO Box 11228, Birmingham, AL 35202
Email: info@gilbertoherrera.com
Phone: 205-691-9923