Last Updated: March 1, 2023
ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
These Terms and Conditions (“Agreement”) are made between The Clever Heart (“The Clever Heart” or “We” or “Us”) and the website and/or product User (“User” or “You”).
1. Acceptance of Terms and Conditions
YOU MAY NOT ACCESS THE SITE OR PRODUCTS IF YOU ARE OUR COMPETITOR, EXCEPT WITH OUR PRIOR WRITTEN CONSENT. IN ADDITION, YOU MAY NOT ACCESS THE SITE OR PRODUCTS FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.
2. Electronic Communications
When You use the Site or products, or send e-mails, text messages, and other communications from Your desktop or mobile device to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You in a variety of ways, such as by e-mail, text, push notifications, or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
3. Data and Privacy
4. Links to Third-Party Websites
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.
5. General Disclaimer
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 The materials on this Site may be out of date, and we make no commitment to update the materials at this Site.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.
6. Dietary and Fitness Disclaimer
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of this Site, such as text, graphics, images, information, and other material contained on the The Clever Heart Site (“Content”) are for informational purposes only.
Christina Biamonte is not a medical doctor. Any advice whether it be on the Site, in nutrition plans, fitness programs or via email coaching is not intended as a substitute for medical advice. Before beginning any diet or weight loss program you should consult your doctor or other health care professional, especially if you have recently been ill or have special dietary or medical requirements, or if you are pregnant or breast feeding, are a child, or are elderly.
The Clever Heart will not be held liable for your decision to undertake a nutrition/diet plan 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. 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.
Do not start this fitness 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 in your fitness/training program is solely at your own risk.
As with any fitness/training program, you assume certain risks to your health and safety. Any form of fitness can cause injuries, including the fitness/training programs purchased through The Clever Heart. It is possible that you could get injured doing the exercises in Your program, especially if you aren’t using correct form. Although thorough instruction is included for each exercise, The Clever Heart exercise, like any exercise, does involve a risk of injury. If you choose to participate in a fitness/training plan and the risks associated with a fitness/training plan, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities.
7. License Grant and Restrictions
A. License Grant: Subject to the terms and conditions of this Agreement, The Clever Heart grants You a non-exclusive, non-transferable license to use the Site and/or products solely for Your personal purposes.
B. Limitations: You agree that You will not: (a) permit any party to access and/or use the products, other than the User authorized under this Agreement; (b) rent, lease, loan, or sell access to the products to any third party; (c) interfere with, disrupt, alter, translate, or modify the products or any part thereof, or create an undue burden on the Site or products or the networks or services connected to the Site or products, including without limitation, any external websites that contain third-party content and that are linked to via the Site and/or products; (d) reverse engineer or access the Site and/or products in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Site or products, or (iii) copy any ideas, features, functions or graphics of the Site and/or products; (e) without The Clever Heart’s express written permission, introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Site; (f) perform or publish any performance or benchmark tests or analyses relating to the Site or the use thereof; or (g) cover or obscure any page or part of the Site via HTML/CSS, scripting, or any other means, if any. Except as expressly set forth herein, no express or implied license or right of any kind is granted to You regarding the Site or any part thereof.
C. License to The Clever Heart Content: The Clever Heart hereby grants You a license to view, download and print content provided by The Clever Heart, subject to the following conditions: (a) You may access and use The Clever Heart Content solely for informational and personal purposes, in accordance with these Terms; (b) You may not modify or alter The Clever Heart Content; (c) You may not distribute or sell, rent, lease, license or otherwise make The Clever Heart Content available to others; and (d) You may not remove any copyright or other proprietary notices contained in The Clever Heart Content. The Clever Heart reserves the right to revoke the authorization to view, download and print the Content at any time, and any such use shall be discontinued immediately upon notice from The Clever Heart. The rights specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by The Clever Heart.
D. Intellectual Property Ownership: The Site and products and all Intellectual Property Rights in the Site and products, the Content and any of the The Clever Heart’s proprietary technology, including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, designs (Technology”), and other tangible or intangible technical material or information made available to You by The Clever Heart in providing the Site and/or products. The Clever Heart’s Site, products, Content, and Technology are the exclusive property of The Clever Heart. You hereby assign to The Clever Heart any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You related to the Site, products, Content, or Technology. Except as expressly set forth herein, no express or implied license or right of any kind is granted to Users regarding the Site, products, Content, or Technology, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the Technology. All rights not expressly granted to You are reserved to The Clever Heart.
8. Registration and Account
A. Registration: To take advantage of a The Clever Heart Membership (“Membership”), You must create an account (“Account”). To register for an account, complete the signup form, a link to which can be found on the homepage. You must verify Your email address by clicking the verification link The Clever Heart sends to Your email address at the time of registration. When you register for an Account, you are agreeing to comply with this Agreement and The Clever Heart’s then-current Privacy and Cookie Polices.
B. Usernames and Passwords: When You create an Account You will be required to create a Username, such as Your email address, and a password to access the Site and products. Each username and password may only be used to access the Site and/or products during one (1) concurrent login session. You acknowledge and agree that only You are entitled to access the Site and/or products with the username and password You create. You are responsible for maintaining the confidentiality of Your username and password, and are solely responsible for all activities that occur under said username. You agree (a) not to allow a third party to use Your Account, username, or password at any time; and (b) to notify The Clever Heart promptly of any actual or suspected unauthorized use of Your Account, username or password, or any other breach or suspected breach of these Terms. The Clever Heart reserves the right to terminate any username and password, which We reasonably determine may have been used by an unauthorized third party. User licenses cannot be shared or used by more than one individual User.
9. Fees and Payments
A. Fees: You agree to pay The Clever Heart all fees set forth in each Order or Confirmation and any fees otherwise specified on the Site or products (“Fees”). All Fees will be billed as indicated in each Order or Confirmation.
B. One-Time Payments: When You purchase a Product with a one-time payment, such as a nutrition/diet plan or a fitness/training program, you agree to pay the indicated price at the time of purchase. Your credit card indicated in the checkout process will automatically be charged for these Products.
C. The Clever Heart Membership: When You purchase a Membership, Your credit card indicated in the registration process will be initially charged upon sign-up. Thereafter, Your Membership will renew automatically on the same date each month until You cancel it. You can cancel Your Membership at any time. If you cancel Your Membership, Your Membership will remain active through Your current billing cycle. We will not issue refunds or pro-rate Your Membership. If Your credit card declines on any renewal date, We reserve the right to automatically terminate Your Membership. This Agreement will constitute Your copy of Your recurring payment authorization to The Clever Heart. When You purchase a The Clever Heart Membership You will be required to set up an Account.
D. Payment by credit card: You authorize us to charge Your credit or debit card or bank account for all Fees due. You further authorize us to use a third party to process payments, and consent to the disclosure of Your payment information to such third party.
E. Payment Information: You will keep Your contact information, billing information, and credit card information (where applicable) up to date. Billing changes may be made in Your Settings under the Accounts tab. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in these Terms. All Fees are due and payable in advance for the purchase of all products.
F. Collections: If The Clever Heart requires the use of collection agencies, attorneys, or courts of law for collection on Your account, You will be responsible for those expenses.
G. Your Warranty: By placing an order with The Clever Heart, you warrant that you are at least eighteen (18) years of age, or have parental permission to buy from Us), and accept this Agreement and The Clever Heart’s then-current Privacy and Cookie Polices, which apply to all purchases on the Site.
10. Warranties and Return Policy
There is no guarantee that you will lose weight or attain your designated fitness goals using the techniques and ideas in Our nutrition/diet plans or Our fitness/training programs. Examples on this Site and/or products are not to be interpreted as a promise or guarantee of results. Weight loss and physical health are entirely dependent on the person using our product, ideas and techniques.
Any claims made of actual weight loss or examples of actual results can be verified upon request. Your level of success in attaining the results claimed on our Site and/or products depends on the time you devote to the program, ideas and techniques mentioned, your fitness level, knowledge and various skills. Since these factors differ according to individuals, We cannot guarantee your success or weight loss level. Nor are We responsible for any of your actions.
We attempt to be as accurate as possible. However, We do not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error free. All purchases for digital downloads made on the Site are non-refundable and non-exchangeable. Because our products are digital they are deemed “used” after download or opening. If You make a purchase in error, please contact us at email@example.com to discuss a resolution.
This agreement may be terminated by The Clever Heart, at any time, in Our sole discretion upon breach by You of these Terms. Without limiting Our right to terminate this Agreement, We may also immediately and indefinitely suspend Your access to the Site, with or without notice to You, upon any actual, threatened, or suspected breach of these Terms or of applicable law or upon any other conduct deemed inappropriate or detrimental to the Site by The Clever Heart.
Upon termination or expiration of this Agreement for any reason: 1) all rights granted to You under this agreement will terminate; 2) You will immediately cease all use of and access to the Site; 3) You will immediately either return to The Clever Heart or, at The Clever Heart’s discretion, destroy the The Clever Heart Content, Account IDs, The Clever Heart Confidential Information, and other information related to this Agreement in Your possession or control; 4) We may delete any of Your Content held by Us within 10 days after the date of termination. Section 3 (Data and Privacy), Section 4 (Links to Third Party Websites, Section 5 (General Disclaimer), Section 6 (Dietary and Fitness Disclaimer), Section 7 (License Grants and Restrictions), Section 10 (Warranties and Return Policy), Section 11 (Termination), Section 14 (Governing Law) will survive any expiration or termination of this Agreement.
You grant us the right to add Your name and/or image to our customer list and Site.
13. Changes to the Terms and Conditions
The Clever Heart may change these Terms and Condition from time to time at its sole discretion. Amendments to the Terms shall become effective when We publish the revised Terms and Conditions on the Site. If We makes any substantial changes, we will notify You by sending You an email to the last email address You provided to us and/or by posting notice of the change on the Site. Please note that at all times You are responsible for updating Your Personal Data to provide us with Your most current email address. Any material changes to these Terms will be effective upon the earlier of seven (7) calendar days following our dispatch of an email notice to You or seven (7) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new Users of our Site and/or products.
We may require You to provide consent to the updated Terms and Conditions in a specified manner before further use of the Site is permitted. Otherwise, Your continued use of the website following such notification shall constitute Your affirmative acknowledgement of the changes and Your agreement to abide and be bound by the Terms and Conditions, as amended. If at any time You choose not to accept the Terms and Conditions, including following receipt of notification of any changes hereto, then please terminate Your account to the Site. Please regularly check the Site to view the then-current Terms.
14. Governing Law
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. as such laws apply to contracts between Colorado residents performed entirely within Colorado. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the District of Colorado, U.S.A. or in state court in Douglas County, Colorado U.S.A., and You irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by The Clever Heart.
15. Notice and Procedure for Making Claims of Copyright Infringement
If You believe that Your work has been copied in a way that constitutes copyright infringement, please submit Your complaint to us directly through email to firstname.lastname@example.org. We respond quickly to the concerns of rights owners about any alleged infringement.
In Your email, please provide us with this information:
- A contact name with an address, telephone number, and email address;
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on the site;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
The The Clever Heart Legal Team for notice of claims of copyright infringement on its site can be reached by email at email@example.com.
16. Contact The Clever Heart
We welcome Your comments and questions regarding these Terms and Conditions. If You believe We has not adhered to these Terms and Conditions, please contact Us at firstname.lastname@example.org.