Terms and Conditions
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 go to the emergency room. HAPPY 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 physician (psychiatrist) and have a waiver signed so that coaches can collaborate with the doctor. 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. To discourage overdependence and foster professional uniformity of experience, unless otherwise agreed upon, calls may be fielded by any coach. HWH coaches discuss any issues clients bring us: professional, personal and relational.
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.
Coaching Cancellation Policy
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, the first time 1) clients are not available at the number clients give us for the call (meaning telephone, Skype, FaceTime, or in person as agreed upon), or 2) call or submit a cancellation using the online scheduling system or the 855-HWH-LIVE line 24 hours or less before a scheduled appointment and clients request another session please email us directly or call 855-HWH-LIVE to reschedule or be given a coupon code for future use. After the first grace cancellation, if clients either do not answer the call 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 psychological or psychiatric treatment via the HWH confidential intake form. Also, the client will discuss any mental 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 each other with two week’s notice 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).
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 (click the Book Now button on the happywholehuman.com site). After one last-minute cancellation, if clients either do not answer the call for a scheduled session (no show) 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 coachings are not the same as psychological counseling or any kind of therapy.
Monthly Membership; Term and Renewal
Cancellation and refund policies differ according to the payment term. If you purchased your subscription through a third party, please refer to any terms and conditions provided to you in connection with purchase. The monthly membership fee for HWH membership is $9.99 per month for the assessment and $19.99/month for the eCourse+ program. Membership fees in those amounts, will be billed monthly automatically to the credit or debit card we currently have on file, obtained as follows: When you enroll in monthly Happy Whole Human membership subscription online, the membership fee will be billed to the form of payment we currently have on file for you that was active in your HWH Stripe account at the time of the enrollment or the renewal. If you have agreed to automatic renewal, the membership fee for subsequent renewals will be billed to: (i) the form of payment we currently have on file for you that was used to enroll in the membership, (ii) the form of payment we currently have on file for you that you provided to us at the time of renewal, or (iii) the form of payment we currently have on file for you that you updated by contacting member services at email@example.com.
Annual membership is non-refundable, but transferable, and expires one year from the day of purchase. You have the right to cancel your monthly Membership at any time by contacting us via email at firstname.lastname@example.org. Although we will not refund paid membership fees, we will cancel your membership immediately upon request and will not charge your card for months subsequent to your cancellation. We may terminate your membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this agreement, applicable law, or otherwise be harmful to our interests. In the event of any such termination, you will not be entitled to a refund of your paid membership fee. We may terminate any or all of the benefits available under the HWH member program at any time with or without notice. In the event of our termination of the HWH member program, at our election we will either maintain your membership benefits until expiration of the membership current term or refund each member a pro rata portion of the paid membership fee for the remaining portion of the current paid membership term.
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.
Happy Whole Human Merchandise Return Policy
Any claims for misprinted/damaged/defective items must be submitted within 4 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. Claims deemed an error on our part are covered at our expense. If you or your customers notice an issue on the products or anything else on the order, please email us at email@example.com with a problem report and we will work with you to resolve the issue. The return address is set by default to the Happy Whole Human headquarters. When we receive a returned shipment, an automated email notification will be sent to you. Unclaimed returns get donated to charity after 4 weeks. Wrong Address - If you or your end customer provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable). Unclaimed - Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment to yourself or your end customer (if and as applicable). If you haven't registered an account on www.happywholehuman.com and added a billing method, you hereby agree that any returned orders due to the wrong shipping address or a failure to claim the shipment won’t be available for reshipping and will be donated to charity at your cost (without us issuing a refund). Returned by Customer - It is best to advise your end customers to contact you before returning any products. Except for Customers residing in Brazil, we do not refund orders for buyer’s remorse. As our products are print on demand, and customized to your order, returns for products, as well as size exchanges are to be offered at our discretion. Customers residing in Brazil and regretting a purchase must contact our Customer Service and express their will to return the item within 7 consecutive days after receiving it, providing a picture of the item. The withdrawal request will undergo an evaluation to verify whether the product was used or destroyed, even if partial. In these cases, a refund will not be possible. Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:
1. the supply of goods that are made to the consumer's specifications or are clearly personalized;
2. sealed goods which were unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons,
therefore Happy Whole Human reserves rights to refuse returns at its sole discretion. This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
For more info on returns, please email us at firstname.lastname@example.org
In the event that a HAPPY WHOLE HUMAN® 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 cancelled, 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.
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.comand 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."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 you agree to participate:
• The Self-Assessment will take approximately 30 minutes of your time.
• You will complete 140 questions about your holistic wellness.
Risks/Benefits/Confidentiality of Data
There are no known risks or costs for participating. We hope you will benefit from the personalized holistic wellness handbook you will receive via email. Your name and email address will be kept during the data collection phase for tracking purposes only. 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
Your participation in this study is voluntary. You may decline to answer any question and you 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 you do not want to participate either simply stop participating or close the browser window. If you do not want to receive any more reminders, you may email us.
If you 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 your rights as a research participant
If you have questions about your rights or are dissatisfied at any time with any part of this study, you can contact, Happy Whole Human. If you agree to participate, click the “Agree” button to agree to the terms and conditions and begin the assessment.
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. Please note that HWH prefers to resolve any disputes involving trademark, copyright and unfair competition matters quickly and amicably, if possible. Since at least as early as 2005, Dr. Lisa Leit has provided coaching services in the field of holistic wellness. 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. 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, 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.
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 the exception of relationship coach/mediation certified coaches and hand-picked individuals who may be asked to help with group processes such as workshops and presentations. Dr. Leit offers 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 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 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 oversight. 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. Individuals certified as coaches by HWH are authorized to facilitate one-on-one training sessions using the HWH processes. Further, clients are free to purchase the HWH Holistic Wellness Self Assessment on the www.happywholehuman.com website. Additionally, as originally agreed upon, 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. That said, 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 from our attorney. They may be liable for damages and financial remedies. Dr. Leit may write a personal letter to other involved parties explaining that said actions are not sanctioned by her or Happy Whole Human. 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 insure that they are complying with the terms of our agreements. In the event of any clear ethical violations, Dr. Leit may report behavior to the International Coach Federation and American Council for Hypnotist Examiners and suggest targeted ethics training or corrective action.
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. HAPPY WHOLE HUMAN reserves the right to change content options (including eligibility for particular features) without notice. Clients agree that they will pay for all products purchased through the HAPPY WHOLE HUMAN® site, and that HAPPY WHOLE HUMAN may charge clients’ payment method for any services and/or products purchased and for any additional amounts (including any late fees, as applicable) that may be accrued by or in connection with clients’ account. 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. 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.
THE PLATFORM, THE SITE, HAPPY WHOLE HUMAN CONTENT, AND ALL OTHER CONTENT, INFORMATION, FUNCTIONS, SERVICES, TOOLS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE HWH SITES AND PLATFORMS, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OF DATA, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. NONE OF HAPPY WHOLE HUMAN, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “HAPPY WHOLE HUMAN PARTIES”) WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE HAPPY WHOLE HUMAN PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING.
NONE OF THE HAPPY WHOLE HUMAN PARTIES ENDORSE OR RECOMMEND ANY CONTENT PROVIDED BY ANY MEMBER, PROFESSIONAL OR ANY OTHER THIRD PARTY, INCLUDING ANY THIRD-PARTY OFFERINGS, (COLLECTIVELY, “THIRD PARTY MATERIALS”) MADE AVAILABLE TO YOU THROUGH THE PLATFORMS OR THE SITES. YOU ACKNOWLEDGE THAT THE PLATFORMS MERELY ACT AS A VENUE THAT ALLOWS PROFESSIONALS AND MEMBERS TO COMMUNICATE WITH EACH OTHER. NONE OF THE HAPPY WHOLE HUMAN PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY THIRD PARTY MATERIALS MADE AVAILABLE TO YOU THROUGH THE PLATFORM OR THE SITE, OR FOR ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN PROFESSIONALS AND MEMBERS OR FOR ANY RESULTS CAUSED BY USING THE SITE OR THE PLATFORM OR ANY CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS ANY INDIVIDUAL MAY SUFFER. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE PLATFORM AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability
Last modified July 21, 2021