HWH Certified Coaches Club Terms and Conditions
Terms and Conditions
Agreement between User and Happy Whole Human, LLC
Welcome to the Happy Whole Human Coaches Club! The www.happywholehuman.coach website (the "Site") is comprised of various web pages operated by Happy Whole Human LLC ("HWH"). www.happywholehuman.coach directory listing and other membership perks is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.happywholehuman.coach constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.happywholehuman.coach is an E-Commerce Site.
HWH Certified Coach Directory
Visiting www.happywholehuman.coach or sending emails to from a happywholehuman.coach or to HWH constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
HWH does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.happywholehuman.coach only with permission of a parent or guardian.
You may cancel your subscription with 10 days' notice after the initial 12-month commitment has been fulfilled. You will not be charged for the subsequent month. Any cancellations made after the free trial will not qualify for a refund. Upon cancellation, your profile will be taken down, and you will cease to have access to the features offered through your membership, including the customized self-assessment link, scheduling system, Trello board, etc. If your credit card does not process correctly each month, we will reach out to you to arrange an alternate payment method. In the event of non-payment without a mutually agreed-upon payment plan, your subscription will be paused, and all membership services will be suspended. We will do our best to work with you for smooth transitions for all stakeholders. Please email us at firstname.lastname@example.org with any questions.
Links to Third Party Sites/Third Party Services
www.happywholehuman.coach may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of HWH and HWH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HWH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HWH of the site or any association with its operators.
Certain services made available via www.happywholehuman.coach and the HWH Assessment are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.happywholehuman.coach or www.happywholehuman.com, or www.happywholehuman.business domains, you hereby acknowledge and consent that HWH may share such information and data with any third party with whom HWH has a contractual relationship to provide the requested product, service or functionality on behalf of www.happywholehuman.coach users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of HWH or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HWH content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HWH and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HWH or our licensors except as expressly authorized by these Terms.
Use of Communication Services
HWH Sites and third party connected sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
HWH has no obligation to monitor the Communication Services. However, HWH reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HWH reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
HWH reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HWH's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HWH does not control or endorse the content, messages or information found in any Communication Service and, therefore, HWH specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HWH spokespersons, and their views do not necessarily reflect those of HWH.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.happywholehuman.com or Posted on Any HWH Web Page
HWH does not claim ownership of the materials you provide to www.happywholehuman.coach (including feedback and suggestions) or post, upload, input or submit to any HWH Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HWH, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. HWH is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HWH's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your HWH account to third party accounts. By connecting your HWH account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by HWH from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the HWH Content accessed through www.happywholehuman.coach and other sites offered as part of your membership in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless HWH, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HWH reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HWH in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and HWH agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HAPPY WHOLE HUMAN LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HAPPY WHOLE HUMAN LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HAPPY WHOLE HUMAN LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HWH reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HWH as a result of this agreement or use of the Site. HWH's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HWH's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HWH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HWH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HWH with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
HWH Provides Coaching and Education
HWH commits to making clients’ safety and well-being a top priority. HAPPY WHOLE HUMAN® (HWH) coaching is not intended to serve as a substitution for psychotherapy. If clients believe that they or someone else may have a serious physical or mental health problem, they are advised to call 911 or a crisis hotline or go to the emergency room. WHOLE HUMAN LLC (HWH) has made efforts to ensure the quality of all interactions and information provided and of HWH representatives themselves. However, HWH makes no warranties of any kind (whether express, implied or statutory) with respect to the quality, or information contained in HWH products and services.
Clients agree to hold Dr. Lisa Leit, HWH certified coaches, and HWH harmless for any medical conditions for clients and those clients represent. HWH coaching results cannot be guaranteed. Clients are responsible for their own decisions, behavior, and results. HWH programs, materials, and coaches do not provide medical, psychological, diagnostic or treatment services. None of the HWH representatives, employees, consultants, coaches, coaching guides, or directors are working as a doctor, a medical professional, a therapist, or a dietitian. Therefore, if clients are experiencing panic attacks, suicidal, having homicidal thoughts, or likely to be a harm to themselves and others HWH requires that they be in the care of a primary licensed health professional (preferably a psychiatrist or psychologist) and have a waiver signed so that coaches can collaborate as complementary practitioners. Coaching does not treat illness or pathology. Only qualified healthcare professionals can provide accurate diagnosis of suicidality, depression, and alcohol/ drug problems or other mental illnesses.
HAPPY WHOLE HUMAN® representatives, members, employees, consultants, coaches, coaching guides, and directors do not work as: a doctor, a medical professional, a therapist, or a dietitian. Therefore, they DO NOT OFFER CLINICAL, MEDICAL, OR PSYCHOLOGICAL ADVICE or prescribe any treatments. Before starting any smoking cessation, anxiety management, stress management, or weight loss or reduction program, clients should ALWAYS seek medical advice first. Although HWH coaches and representatives are fully available to support clients in their efforts and decisions to improve their lives, they do not provide advice on diet, and all HWH products and services are intended to assist users to achieve a healthy diet and lifestyle. HWH is not a medical organization and cannot give medical advice or make any diagnosis. The material on the HWH website is for informational and educational purposes only. It is clients’ responsibility to verify to clients’ own satisfaction the information supplied before making any decision based upon the information and to consult registered medical practitioners or healthcare professionals concerning the information presented. HWH does not assume any legal obligation to follow up with individuals outside of sessions unless otherwise specified. Further, HWH assumes no liability arising from the application or use of HWH products or services, nor for any loss or damage (whether direct or indirect) caused by any errors, omissions or statements of any kind contained on www.happywholehuman.com, its publications, or products.
HWH Coaches Do Not Tell Clients What to Do or How to Do It
Since the goal is to help clients mature, HWH coaches do not tell them what to do or how to do it. HWH coaches do, however, discuss what is happening in their lives with them and provide support such as helping them to come to clarity through brainstorming, teaching them tools, and leading them through exercises. HWH coaches also provide resources and referrals as appropriate. HWH coaches discuss any issues clients bring us: professional, personal and relational.
When Happy Whole Human certified coaches work with clients, they are working as independent contractors, sometimes affiliates, but not as employees of Happy Whole Human LLC.
HWH coaches ask questions that prompt the client to assess the challenges they are facing and to determine appropriate ways forward.
The Coach-Client Relationship
Coaches are not and should not be authority figures. Instead, coaches are the stewards of the process and are responsible for measuring progress in terms of what the client is learning about themselves and the degree to which clients demonstrate that they are better equipped to meet the complex challenges in their lives.
A coach may make recommendations for what the goals of the session will be, but the client makes the final decision.
HWH coaches respect clients’ time and asks clients to respect the value of their time. If clients make an appointment, it will be held for them. As everyone experiences unexpected setbacks, we do offer one grace last-minute cancellation or no show. If clients either are not available for a scheduled session (no show) or need to cancel within 24 hours of the scheduled session (after the first time) and the time slot is not filled by another paid session, clients are responsible for payment in full and will not be issued a refund or HWH credit.
Coaching may address specific personal projects, business successes, or general conditions in the client's life or profession. Other coaching services include value clarification, brainstorming, identifying plans of action, examining modes of operating in life, asking clarifying questions, holistic mind/body awareness exercises, mediation, hypnosis, and requests or suggestions for action. Throughout the working relationship, the coach will engage in direct and personal conversations via telephone, Skype, FaceTime, and text messages, as agreed with the client. The client understands that successful coaching requires a co-created collaborative approach. In the coaching relationship, the coach plays the role of a facilitator of change, but it is the client's responsibility to enact or bring about the change.
The client also agrees to disclose accurate basic identifying information and details of the past or present physical, psychological, or psychiatric treatment via the HWH confidential intake form. Also, the client will discuss any health difficulties which arise during the course of the coaching relationship immediately so that the coach can provide the client with an appropriate referral.
The client can, at any point in the coaching session, declare his/her preference not to discuss a specific issue, by simply stating that they would rather not discuss this issue. Additionally, the client can opt to not participate in an exercise suggested by the coach. The coach agrees to respect this boundary and will not attempt to forward the conversation further along those lines.
When HWH coaches work with two or more people, they work as mediators. Mediation is the attempt to help parties in a disagreement to hear one another, to minimize the harm that can come from disagreement (e.g. hostility or defensiveness) to maximize any area of agreement, and to find a way of preventing the areas of disagreement from interfering with the process of seeking a compromise or mutually agreed outcome. Effective mediation requires a balance of power and a level of willingness to find a way forward together that all parties can live with. If an HWH coach has reason to believe that one or both of the parties is not engaging in the process in good faith, the mediation will be terminated without refund. For this reason, before purchasing a prepaid package or paying a retainer, mediation clients are advised to book a consultation with Dr. Leit and realistically assess the viability of mediation as opposed to court proceedings. While court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator or mediators know what happened. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts, or indications that the client is a danger to him/herself and/or others.
Coaching Payment and Refund Policy
Fees for sessions are due at the time the service is provided and are non-refundable. All prepaid discounted coaching packages and retainers are transferable, but non-refundable and expire 1 year from the date of purchase or as otherwise specified. For engagements requiring travel, clients cover accommodation and transportation. If clients decide, or if coaches make the professional determination that sessions are no longer productive, they may say so and discontinue the coaching relationship, giving the client the option to transfer the remaining balance of prepaid coaching packages. The client may wish to transfer packages or retainers to a person of his/her choice or create a scholarship fund for deserving coaching candidates. Dr. Lisa Leit agrees to facilitate such transfers and/or make appropriate referrals. The HWH material online is for informational and educational purposes only. HWH and its representatives do not assume any legal obligation to follow up with or on behalf of individuals after sessions unless explicitly agreed upon in a retainer agreement.
Agreement to Work it Out
If the client or coach believes the coaching is not working as desired, they agree to communicate and take action to work out any difficulties and do their best to get back on track to their mutual satisfaction.
Coaching Term; Termination
The coach and client agree to provide as much notice as possible in the event that one or both desire to discontinue coaching. Otherwise, the coaching will continue for the duration of the contracted period. These terms and conditions are applicable to clients upon clients’ signing this contract. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Confidentiality, Research, and Reporting
Coaching session records are confidential. Coaches may share some broad details of sessions only in consultation with Dr. Leit if they feel her expertise may be helpful in providing clients with the most effective support. Coaches do not keep in-depth session notes. Any cursory notes and opinions will only be released if concerns arise about unethical behavior on the part of the coach, or strong evidence that a client might be of harm to herself or someone else (by law HWH coaches and representatives have to report mentions of child abuse or suicidal or homicidal intent). HWH trainees and certified coaches agree to hold any contact or personal information about clients, HWH employees, and one another confidential.
In instances where another party (such as a parent or employer), pays for coaching sessions, coaches and HWH adhere to a strict confidentiality policy to protect HWH primary clients (those undergoing coaching). Unless the primary client signs a waiver form giving permission to talk to specified other parties, HWH coaching session records are confidential. If clients wish for their coach to speak to someone outside coaching interactions, then clients need to give written permission (original letter, fax or email) to do so. Exceptions to confidentiality relate to circumstances such as indications of intent to seriously harm themselves or someone else, plans to commit serious criminal acts, or child abuse. Otherwise, all client information is confidential.
Appointment Scheduling Policy
Booking, changing, and canceling appointments is a client responsibility and can be done by the client via the online scheduling system. After one last-minute cancellation, if clients either do not show up for the session or need to cancel within 24 hours of the scheduled session and there is not another paying client to fill the slot, they will be charged for the session in full.
HAPPY WHOLE HUMAN® Self-Assessment
Self-Assessment results are confidential. Self-Assessment results are aggregated anonymously to generate benchmarks, for research, and reporting purposes.
As hypnosis should not stand alone as the sole medical or psychological intervention for any disorder, hypnosis should not be used instead of appropriate medical, dental, or psychological treatment. Any individual with a medical or psychological problem should first consult a qualified health care provider for diagnosis and professional advice. HWH coaches' facilitative approach to hypnosis is non-directive and empowering. HWH hypnotic coaches do not tell clients what to do and they will retain full memory and choice. Hypnosis is voluntary and if at any time clients need or want to come out of the relaxed state all clients have to do is think or say the word “Awake.” For this reason, HWH assumes no liability for clients’ decisions as to how to use the self-hypnosis files and for the choices clients make. HAPPY WHOLE HUMAN LLC (HWH) and associates assume no liability to any party for any actions or results for adverse situations created as a direct or indirect result of hypnosis sessions or listening to HWH self-hypnosis recordings, referrals or other advice given. Hypnosis, self-hypnosis, consulting, and coaching are not the same as psychological counseling or any kind of therapy.
HWH Institute Deposit and Refund Policy
A 50% non-refundable, but transferable deposit is required to confirm enrollment in a course or certification program. The remaining 50% tuition and fees are due 10 days before the training begins. Students who cancel their contract by notifying the school in writing within the first 10 business days after they begin are entitled to a refund of tuition and fees, minus the non-refundable, but transferable deposit. After this grace period, students may apply for a leave of absence and re-enroll any time the course and/or program is offered within the following 3 years. Alternatively, a student may transfer his or her tuition to another student. All refund requests for HWH trainings and events must be made in writing via email or fax. All refunds will be made within 30 days from the date of termination: a. The date on which the school receives notice of the student’s intention to discontinue the training program; or b. The date on which the student violates published school policy, which provides for termination. c. Should a student fail to return from an excused leave of absence, the effective date of termination for a student on an extended leave of absence or a leave of absence is the day the school determines the student is not returning or the day following the expected return date. d. The student will receive a full refund of tuition and fees paid (including the deposit) if the school discontinues a course program within a period of time a student could have reasonably completed it, except that this provision shall not apply in the event the school ceases operation. Payment for trainings must be made according to agreed upon terms, or certification will be delayed.
In the event that a HAPPY WHOLE HUMAN® service or product is mistakenly listed at an incorrect price, HAPPY WHOLE HUMAN reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HAPPY WHOLE HUMAN reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and clients’ credit card charged. If clients’ credit card has already been charged for the purchase and clients’ order is canceled, HAPPY WHOLE HUMAN shall issue a credit to clients’ credit card account in the amount of the incorrect price.
In an attempt to provide increased value to visitors, the HWH website may link to sites operated by third parties. However, even if the third party is affiliated with HAPPY WHOLE HUMAN, HWH has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HWH. These linked sites are only for clients’ convenience and therefore clients access them at clients’ own risk. Nonetheless, HAPPY WHOLE HUMAN seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). All educational supporting materials provided by HAPPY WHOLE HUMAN are used for research, supplemental, and instructional purposes according to the Fair Use Provision of the Copyright Protection Act. HWH abides by Pinterest's Acceptable Use Policy. Pinterest complies with the provision of the Digital Millennium Copyright Act that requires it to remove content when asked by the copyright owner. Users such as HAPPY WHOLE HUMAN are free to continue pinning any images they find on the Internet. HWH gives attribution for all pins. If copyrighted content is presented on the site and people wish to have it removed they are invited to email HWH and HWH representatives will be happy to remove the content immediately.
HAPPY WHOLE HUMAN reserves the right to change content options (including eligibility for particular features) without notice. Clients agree that HAPPY WHOLE HUMAN may charge clients’ payment method for any services and/or products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with clients’ account. Clients’ total price will include the price of the product and/or service plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time clients download the product. Tax will be charged only in states where digital goods are taxable. If a product becomes unavailable following a transaction but prior to download, clients’ sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of clients’ product, clients’ exclusive and sole remedy is either replacement or refund of the price paid, as determined by HAPPY WHOLE HUMAN LLC.
Clients agree to indemnify, defend, and hold harmless HAPPY WHOLE HUMAN LLC, its officers, directors, coaches, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to clients’ account (including negligent or wrongful conduct) by clients or any other person.
HAPPY WHOLE HUMAN does not and cannot review all communications and materials posted to or created by users accessing www.happywholehuman.com and HWH social media and related websites, and is not in any manner responsible for the content of these communications and materials. Clients acknowledge that by providing clients with the ability to view and distribute user-generated content on the site, HAPPY WHOLE HUMAN is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HAPPY WHOLE HUMAN reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HAPPY WHOLE HUMAN in its sole discretion.
Use of Website
Harassment in any manner or form on the HWH website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a HAPPY WHOLE HUMAN or other certified coach or licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. Clients may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Clients may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Clients agree to protect, and ensure that all parties clients represent protect, the confidentiality of HWH coaches, representatives, clients, and all HWH content herein, including the process, methods, information, media attachments, audio and video files, and all aspects–questions, scales, structure, order, platform, design, results, comments and recommendations, and landing pages of the HWH Self-Assessment. The entire content included in the www.happywholehuman.com site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HAPPY WHOLE HUMAN LLC. The collective work includes works that are licensed to HAPPY WHOLE HUMAN LLC. Copyright 2014, HAPPY WHOLE HUMAN™ ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HAPPY WHOLE HUMAN® or purchasing HAPPY WHOLE HUMAN® products. Clients may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for clients’ own non-commercial use, or to place an order with HAPPY WHOLE HUMAN® or to purchase HAPPY WHOLE HUMAN® products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HAPPY WHOLE HUMAN. Clients further agree not to change or delete any proprietary notices from materials downloaded from the site.
HAPPY WHOLE HUMAN LLC may deliver notice to clients by means of e-mail, a general notice on the site, or by other reliable method to the address clients have provided to HAPPY WHOLE HUMAN LLC.
The HWH materials and products are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HAPPY WHOLE HUMAN disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HAPPY WHOLE HUMAN does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HAPPY WHOLE HUMAN does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to clients.
Limitation of Liability
HAPPY WHOLE HUMAN shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on HWH websites or the performance of the products, even if HAPPY WHOLE HUMAN has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to clients. The results clients achieve will be in direct proportion to the effort clients apply. It is clients’ responsibility to verify to clients’ own satisfaction the information supplied before making any decision based upon the information. Clients are responsible for clients’ decisions, actions, and hold HAPPY WHOLE HUMAN harmless of any liability for clients’ personal decisions as to how clients apply the tools, support, and information provided.
Consent to Participate in Internet Research
Identification of Investigator and Purpose of Study
You are invited to participate in a research study, entitled “Happy Whole Human Holistic Wellness Self-Assessment: A Results and Validity Study.” The study is being conducted by:
Dr. Lisa Leit
Happy Whole Human Institute for Holistic Wellness
7000 N. Mopac, #200
Austin, TX 78731
Office phone: 855-494-5483
You are free to contact the investigator at her address, email, and phone number to discuss the study. You must be at least 18 years old to participate.
Purpose of the Study
The purpose of this study is to further develop and validate the 140-item Happy Whole Human Holistic Wellness Self-Assessment (HWH Self-Assessment), as well as to analyze the efficacy of our services and offerings. In our analysis, we will examine to what degree the Happy Whole Human Holistic Wellness Self-Assessment instrument measures what it intends to measure, and the degree to which the “thing” that the instrument measures has meaning. We will also compare participants' results over time to determine to what degree our coaching and curriculum is effective in improving participants' self-reported scores. Your participation in the study will contribute to a better understanding of the degree to which we will be able to use it to understand and predict people's behavior. This should help us understand the feelings, attitudes, and behaviors of different people with a view to helping them to improve their holistic wellness over time.
If clients agree to participate:
• The Self-Assessment will take approximately 30 minutes
• They will complete 140 questions about your holistic wellness.
Risks/Benefits/Confidentiality of Data
There are no known risks or costs for participating. We hope clients will benefit from the personalized holistic wellness handbook they will receive via email. Names and email addresses will be kept during the data collection phase for tracking purposes only and will be anonymized for research purposes beyond coaching work. A limited number of research team members will have access to the data during data collection. Identifying information will be stripped from the final dataset.
Participation or Withdrawal
Participation in this study is voluntary. Clients may decline to answer any question and they have the right to withdraw from participation at any time. Withdrawal will not affect your relationship with The Happy Whole Human Institute of Holistic Wellness in any way. If client do not want to participate either simply stop participating or close the browser window. If they do not want to receive any more reminders, they may email us.
If client have any questions about the study or need to update your email address contact the researcher Dr. Lisa Leit at 855-494-5483 or send an email.
Questions about their rights as a research participant If clients have questions about your rights or are dissatisfied at any time with any part of this study, they an contact, Happy Whole Human. If they agree to participate, click the “Agree” button to agree to the terms and conditions and begin the assessment.
Limitation to Authorization to Utilize HWH Processes
HWH certified coach authorization to utilize the HWH processes and materials is limited to working with individuals in one-on-one training interactions with people over the age of 18, with the exception of relationship coach/mediation certified coaches, who may use the Happy Whole Human processes and materials to work with 2-4 people over the age of 18 in one-on-one and group sessions. Some interested graduates of the trainings may be invited to enroll in advanced training and obtain customized licenses to use content, so that they may administer HWH group processes such as retreats, workshops, and presentations. Dr. Leit and Zoilita Grant offer proprietary workshops and group initiatives, often involving aggregate reports with data scientist and software platform provider collaboration. Individuals who have not yet been trained and authorized to conduct mediations or provide any HWH services or HWH processes to groups are expressly forbidden to use any HWH or Colorado Coach (Zoilita Grant’s) copyrighted materials (including curriculum context from the individual assessments) or the Happy Whole Human name or marks in association with any group process. Working with more than one client in a facilitated group dynamic for one sponsor is considered an organizational initiative. Further, only expressly authorized individuals may provide services on behalf of HWH or as an agent of HWH. Specifically, the provision of services to groups by coaches who are not properly trained and authorized is expressly forbidden. Further, certified coaches are not permitted to hold themselves out as being spokespersons for or authorized agents of Dr. Leit or HWH. If you do wish to conduct group work or presentations using the HWH name, marks, logos, copyrighted material (in English or any other language), or processes, please contact Dr. Leit for discussion, approval, or collaboration. Failure to communicate and obtain guidance create liability for HWH, violate the terms of your agreements with HWH, and infringe on HWH’s trademarks and copyrights. Under the provisions of federal law, Title 15, United States Code, the owner of a trademark, copyright or trade secret may obtain various remedies in the courts for the infringement of its intellectual property rights. Among the remedies provided by law are injunctive relief, defendant’s profits, damages sustained by the plaintiff, costs of the action and, in appropriate cases, attorney fees. In the case of willful infringement, a plaintiff may also be entitled to attorney fees and enhanced monetary relief. If HWH determines at its sole discretion that another party is in breach and acting counter to good faith, they may receive a formal Cease & Desist letter. They may be liable for damages and financial remedies. Dedicated HWH Self-Assessment URLs or subaccounts will be deleted, and individuals in breach will not be publicized or promoted as a preferred HWH coach or facilitator. Additionally, certification credentials may be revoked. Individuals in breach will not be considered as a candidate for future HWH courses and trainings. Further, their social media accounts and online activities will be monitored going forward to ensure that they are complying with the terms of our agreements. In the event of any clear ethical violations, HWH may report behavior to the International Coach Federation and American Council for Hypnotist Examiners and suggest targeted ethics training or corrective action. Individuals certified as coaches by HWH are authorized to facilitate one-on-one training sessions using the HWH processes. Further, clients are free to access the HWH Holistic Wellness Self Assessment on the www.happywholehuman.com website.
Certified coaches may have potential students and clients, including organizations, contact HWH via email. And, current and former students will be eligible for a 20% commission for any referrals leading to business revenue to HWH. They may choose to offer 10% off to the client or student, and 10% as a referral commission, or any such combination in lieu of the entire 20% commission. HWH Certified Coaches who receive warm leads from HWH via their www.happywholehuman.coach profile, a direct referral, or an assessment respondent follow-up agree to pay 20% of their coaching fees from any coaching revenue for that engagement for 24 months. Additional contract work may fall under separate Scope of Work agreements, governed by the Contractor Master Terms and Conditions agreement.
HAPPY WHOLE HUMAN®, the HWH logo, and all other service marks, trade names, and logos presented herein are registered in the U.S. Patent and Trademark Office. HWH certified coaches, mediators, and facilitators receive digital badges upon graduation that may be used on social media and on their websites and marketing materials in connection with their services. Graduates are also given license to specific and provided "Happy Whole Human Certified Coach" logos in connection with their services, as distinct from Happy Whole Human logo and Happy Whole Human Institute of Holistic Wellness logo. Please note that HWH prefers to resolve any disputes involving trademark, copyright and unfair competition matters quickly and amicably, if possible. Dr. Lisa Leit has provided coaching services in the field of holistic wellness since 2005. She developed the Happy Whole Human® coaching process and materials and formed Happy Whole Human, LLC in 2013 as the platform for providing wellness services to individuals and groups and for providing training to individuals who could become certified coaches and facilitators of the Happy Whole Human® wellness processes in one-on-one coaching sessions and mediations with more than one person. All rights reserved. Dr. Lisa Leit is the author of the Happy Whole Human program, the HWH Self-Assessment, and author and creator of the corresponding seminar series and follow up workshops. Zoilita Grant and Lisa Leit are the authors of the Happy Whole Human Hypnotic Coach training program, and corresponding holistic wellness hypnosis scripts. Happy Whole Human Institute, offers an Approved Coach Specific Training Hours program and in that capacity is authorized by the International Coaching Federation to use their intellectual property to prepare coaches to apply for an ICF credential. Lisa Leit has granted HWH license to certify coaches, mediators, and facilitators and to license training and consulting programs. Zoilita Grant has granted HWH license to use her Hypnotic Coach training materials with clients, presentations, and for trainings to teach students how to use hypnosis in their coaching practices with clients in an individual capacity. HWH does not have the rights to sublicense Zoilita Grant’s Hypnotic Coaching materials to others for presentations, group processes, or educational purposes beyond work with individual clients one-on-one. Any reproduction of the proprietary materials in whole or in part is a violation of federal copyright law and is prohibited. Anyone interested in obtaining license to use protected intellectual property may apply to do so directly with HWH. Any person working with a Happy Whole Human certified coach or attending a training session conducted by a Happy Whole Human certified workshop facilitator that uses a workbook must possess an original and purchased copy. Participant workbooks may not be reused. Happy Whole Human LLC expressly prohibits groups or individuals from integrating the concepts presented in the programs and trainings into any unauthorized third-party presentations, consultations, products, or services. Any person receiving these materials agrees to comply with these conditions. HWH products may not be reproduced or used in any manner whatsoever without express written permission of Happy Whole Human except the use of brief quotations in a book review. HWH reserves the right to make changes to any information herein without further notice. Nothing herein grants the reader any license to make, use, or sell any products or services constructed in accordance with this document without the written approval of HWH. Consistent with its extensive use and associated common law rights, HWH is the owner of U.S. Trademark Registration No. 4785,187 on the Principal Register for the mark HAPPY WHOLE HUMAN (the “Mark”) for the provision of holistic wellness services in International Class 44. The registration issued on August 4, 2015 and claims use of the mark in commerce since January 2014. In addition to the Mark, HWH uses the common law marks HWH and the HWH Logo mark. HAPPY WHOLE HUMAN, HWH and the HWH Logo are collectively referred to as the “HWH Marks.” Dr. Leit and HWH have expended considerable effort and expense in offering a wide range of quality services under the HWH Marks. As a result, the HWH Marks have become strongly identified by the public with HWH and HWH enjoys substantial goodwill and fame in the HWH Marks. That goodwill is extremely important to HWH, and it is important that HWH not permit the use of a name or mark by another that is likely to cause confusion as to possible approval or endorsement by or other connection with HWH that does not exist. It is equally important that HWH not permit use by another that will tend to harm or destroy the distinctiveness that the HWH Marks enjoy as exclusively designating HWH and its services. As a trademark owner, HWH consistently seeks to enforce its trademark rights against improper or unauthorized use or other infringement. Otherwise, HWH may risk losing certain trademark rights if it becomes aware of infringing activities and fails to protect its rights. In addition to its trademarks, HWH has also developed extensive training materials, processes, teaching techniques, client lists, business plans and other materials that are either protected by copyright laws or are proprietary trade secrets of HWH. Some of the HWH copyrighted materials are provided to clients and mentees on a confidential basis and in accordance with the terms and conditions set forth on the HWH website and in the agreements that are executed between HWH and its individual, group, and coaching clients. However, HWH’s business would be severely damaged if any of its copyrighted or confidential materials are used or distributed publicly without the approval or under the control of HWH. The HWH Terms & Conditions state that the content of the drlisaleit.com, happywholehuman.com, happywholehuman.coach, happywholehuman.business, and happywholehuman.institute websites are copyrighted by HWH and that use of such materials must be approved by HWH. Further, HWH members, Self-Assessment test-takers, customers, coaching clients, students, former students, associates, and certified coaches expressly agree to protect the confidentiality of all HWH materials and processes.
Clients’ use of the www.happywholehuman.com site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Clients agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HAPPY WHOLE HUMAN® products) shall be in the state or federal courts located in Texas. Any cause of action or claim clients may have with respect to the site (including but not limited to the purchase of HAPPY WHOLE HUMAN® products) must be commenced within one (1) year after the claim or cause of action arises. HAPPY WHOLE HUMAN’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HAPPY WHOLE HUMAN LLC may assign its rights and duties under this Agreement to any party at any time without notice to clients. This agreement is not a complete statement of HWH’s rights in connection with this matter, and nothing in this agreement constitutes an express or implied waiver of any rights, remedies, or defenses of HWH in connection with this matter, all of which HWH expressly reserves.
Changes to Terms
HWH reserves the right, in its sole discretion, to change the Terms under which www.happywholehuman.com is offered. The most current version of the Terms will supersede all previous versions. HWH encourages you to periodically review the Terms to stay informed of our updates.
HWH welcomes your questions or comments regarding the Terms:
Happy Whole Human LLC
7000 North Mopac #200
Austin, Texas 78731
Effective as of July 13, 2021