GENERAL INFORMATION
The Clever Heart and its authors provide general education information on a variety of topics as a public service, none of which should be construed as professional, legal, financial, tax, medical, health or relationship advice. Christina Biamonte is not a medical doctor or registered dietitian. The content of this site and the resources provided are for informational and entertainment purposes only and do not constitute any medical, health, or nutritional advice. The author is not liable for any losses or damages related to actions or failure to act related to the content on this website. The information on this site is based on my own personal experience and is not to be construed as advice in any way.
Please read this Disclaimer carefully, The Clever Heart reserves the right to modify it at any time without notice. By visiting and using this website (the “Site”) in any way, including using, transmitting, downloading, or uploading any of the products or functionality made available or enabled via the Site by The Clever Heart, or merely browsing the Site, You agree and accept this Disclaimer along with our Terms and Conditions and Privacy Policy. Your continued use of our website, programs, products and/or services constitutes your acceptance of future changes and updates to this Disclaimer. Do not access or use our website if you do not wish to be bound by this Disclaimer.
The materials on The Clever Heart’s website are provided ‘as is’. The Clever Heart makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Clever Heart does not warrant or make any representations concerning the accuracy, reliability, or likely results of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.
Christina Biamonte and The Clever Heart is not a medical doctor or registered dietitian. The contents of this Site, such as text, graphics, images, information, and other material contained in the The Clever Heart Site (“Content”) are for informational and entertainment purposes only.
Any advice whether it be on the Site, in nutrition, fitness, fitness plans, or via email is not intended as a substitute for medical advice. Before beginning any diet, fitness, or weight loss program you should consult your doctor or other health care profession, especially if you have recently been ill or have special dietary or medical requirements or if you are pregnant or breast feed, are a child, or are elderly.
Speak to your doctor before making any changes to your nutrition or exercise habits.
The Clever Heart will not be held liable for your decision to undertake a nutrition/diet plan on this site or sold through this website. You should not rely on the information in a nutrition/diet plan as an alternative to professional medical advice from your doctor or other healthcare provider. Nothing contained in a nutrition/diet plan should be construed nor is intended to be used for medical diagnosis or treatment. If you have any healthcare related questions, call or see your doctor or other healthcare provider promptly. If you have or suspect that you have a medical problem, you should contact your own doctor or other healthcare provider immediately.
The Clever Heart will not be held liable for your decision to undertake a fitness program whether on this site or sold through this website. You should not rely on the information in a fitness/training program as an alternative to professional medical advice from your doctor or other healthcare provider. You should consult your doctor or other healthcare provider before starting this or any other fitness/training program to determine if it is right for you. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity.
Contact your doctor before beginning any exercise or nutrition program on this site or sold through this website. Do not start a fitness or nutrition program if your doctor or healthcare provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. The use of any information provided on this site is solely at your own risk.
AFFILIATE/ THIRD PARTY LINKS DISCLOSURE AND DISCLAIMER
The Clever Heart contains affiliate links. Meaning The Clever Heart receives commissions for purchases made through those links, at no cost to you. Please understand that we have experience with all of these companies, and recommend them because they are helpful and useful, not because of the small commissions we make if you decide to buy something.
We also may recommend other products, services, and coaches but these references are not intended to be any type of endorsement or statement that such information is accurate. All recommendations are solely based on our own experience. It is Your responsibility to conduct Your own due diligence for the accuracy of any products, services, or coaching You choose to obtain.
Links to third-party Websites on this Site are provided solely as a convenience to You. If You use these links, You will leave this Site. We have not reviewed all of these third-party sites and do not control and are not responsible for any of these sites or their content. Thus, We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the third-party sites linked to this Site, You do this entirely at Your own risk.
SPONSORED POSTS
Some of the posts on this Site are Sponsored Posts, meaning I received free product or compensation. All views and opinions that I share are my own. Know that I only post about sites and products that I think would be immensely helpful and that I have used myself.
NO WARRANTIES
THE MATERIALS AND INFORMATION PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
We further do not warrant the accuracy and completeness of the materials and information on this Site. We may make changes to the materials on this Site, or to the products and prices described in them, at any time without notice. The materials on this Site may be out of date, and we make no commitment to update the materials at this Site. Information published on this Site may refer to products, programs or services that are not available in Your country. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You.
LIMITATIONS
In no event shall The Clever Heart or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Clever Heart’s site, even if The Clever Heart or a The Clever Heart authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, The Clever Heart IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH:
(I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE;
(II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND
(III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.
THE FOREGOING APPLIES EVEN IF The Clever Heart HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL The Clever Heart CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE OR PRODUCT YOU HAVE PURCHASED FROM The Clever Heart, AND IF NO PURCHASE HAS BEEN MADE BY YOU The Clever Heart CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Product, or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, record, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
