Terms of Use, Intellectual Property, and Privacy Policy

Please read carefully. By purchasing this product, the following Terms and Conditions are entered into by Holistic Health Educators (“HHE”, “we”, or “us”) and You (“The Student” or “You”) agree to the following terms stated herein.

 

I. GENERAL CONDITIONS

Acceptance of Terms.
By accessing the HHE website https://www.holistichealtheducators.com/, and participating in HHE live calls and events, you agree to be bound by the terms and conditions described herein ("Terms of Use") and any subsequent changes, as it may be updated from time to time. Except as specifically stated otherwise, these Terms of Use set forth the entire understanding relating to this subject matter.

Severability.
If any provision of the Terms of Use is held to be invalid or unenforceable by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, all remaining provisions hereof will remain in full force and effect.

Termination.
HHE reserves the right in our sole discretion to refuse or terminate your access to the Website and its content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms and Conditions with respect to the Website and its Content will still apply now and in the future, even after termination by you or us

Foreign Access.
The site is controlled and operated in whole or in part by HHE in the United States. HHE makes no representation that the content in the site is appropriate or available for use in other locations, and access to it from territories where the content may be illegal is prohibited.

II. PRIVACY POLICY

1. Voluntary Data Collection.

HHE collects information that you provide to us under various circumstances, including when you complete a form, enroll in a course, attend different workshops, join a Facebook group/social media, enter a promotion, enroll in the webpage, or otherwise communicate with HHE. That information may include your name, address, e-mail address, telephone number, and any other information you provide or display in that circumstance.

2. Automatic Data Collection.

HHE also collects information when you visit any of our sites or learning platforms. That information may include information about your device, IP address and general physical location derived from it, nature of phone service, referring URL’s, operating system, browser type, link clicks, and page visits.

3. Use of Data.

HHE uses information about you for various legitimate interests, including: helping HHE to detect and prevent fraud; improve network security; provide, maintain and improve the sites and learning platforms; process transactions; personally communicate with you; improve your user and learning experience; improve our advertising and marketing efforts; facilitate promotions; to contact users about programs or courses for which they have expressed interest; to distinguish adults from minors; and for other legitimate interests. Information about you will be maintained only as long as necessary to serve HHE’s legitimate interests. If, at any time, you want to update or correct your information or would like us to restrict or discontinue using your information, you can contact us at the address provided below. Note that, in some cases, a request to restrict or discontinue the use of your information may prevent you from continuing to enjoy certain products or services.

4. Disclosure of Data.

HHE may also share some of your information with our business partners to operate and improve the sites and learning platforms, transmit emails, conduct promotions, manage ads, process payments, host and protect data, offer technical and customer support, and for other legitimate interests. For instance, if you opt-in to receive HHE marketing materials or other promotional items, HHE may provide your information to third parties entrusted with fulfilling those requests. You may opt out of receiving those and other emails from HHE at any time through the unsubscribe or manage preference link included in such emails.

HHE also discloses information when required to do so by law, or when HHE in good faith believes such action is necessary to protect the property or rights of HHE, third parties or the public at large.

 

5. Use of Party Cookies

A “cookie” is a small text file placed on a user’s computer used to store information about the user. HHE may use cookies to track the pages that users to the site visit during their online session, for marketing and advertising purposes, to help HHE improve users’ experiences, and/or to help HHE understand how the site is being used.  Users who do not wish to have cookies placed on their computers should disable“cookies'' through their web browser settings, with the understanding that disabling cookies may diminish a user’s experience on the site and that certain features of the site may not function properly without the aid of cookies.

6. Third Party Cookies

HHE may allow third party companies to set and access their own cookies. Such “third party cookies” are used to collect data about the site’s traffic, for statistical analysis about the advertisements on the site and to further customize and enhance a user’s experience on the site. Third party cookies may also be used for traffic and conversion analysis or remarketing purposes, which may include; promoting display ads based upon users’ past behavior, showing HHE ads across the Internet and providing reporting on users’ interactions with our ad services. HHE does not control third party cookies and third-party cookies are not governed by this Privacy Policy, but rather are governed by the privacy policy of the third-party companies.

7. Links to Other Websites.  

The sites may contain links to third-party websites that are not controlled by HHE. If you choose to visit such websites, HHE is not responsible for the privacy practices or content of those websites, and it is your responsibility to review the terms and privacy policies of those websites to confirm that you understand and agree with their policies.

8. Modifications 

HHE reserves the right to change the sites, these Terms of Use, and any other policies or conditions. Please review this page periodically for any updates or changes. These Terms apply to all visits to the sites, both now and in the future. Your continued access of the site/s shall be deemed your notification and acceptance of these changes. Questions regarding these Terms of Use should be directed to info@holistichealtheducators.com.

9. Errors and Omissions.  

HHE makes no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

III. PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

HHE employs reasonable technical and organizational safeguards to protect your information, including encrypted and certified web sockets, multiple layers of security and passwords for live and development environments, confusion or removal of data when transported from live sites to development sites, best practices for user management and security policy, constant updates via patches for known security flaws. Highly sensitive fields such as SSN, EIN, Credit Card and bank information are stored as encrypted and/or obfuscated strings, and are not wholly available via data connections over API, even via authenticated API. When users submit sensitive information via the site or other means, all information is protected both online and off-line. However, due to the nature of the Internet, HHE cannot completely ensure, guarantee, or warrant the security of any information transmitted to us or through our sites or learning platforms. Submitting information is done at your own risk.

Legal and Financial Disclaimer. 

This Website and its content are not to be perceived or relied upon in any way as financial or legal advice. The information provided through our Website and its content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or its content. You are solely responsible for your results. Please check with your state for specific information on licensing requirements.

If you do not complete your certification, you may NOT practice as or call yourself a Holistic Health Coach or Therapuetic Nutritional Counselor. You may not use Holistic Health Educators name with clients unless you are referring them. We will legally press charges if you use Holistic Health Educators information unless you have taken a practicum and receive a certification with Holistic Health Educators. 

 

Medical Disclaimer. 

This Website and its content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or its content is not intended to be a substitute for professional medical advice, diagnosis, or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian, or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical, or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever. 

For students who desire to receive certain consulting services from HHE, and as HHE provides such services, services will be provided on the terms and conditions set forth herein. Every human being is unique on a biochemical level, and HHE cannot guarantee any specific results.

 

IV. PROGRAM FEES AND POLICIES

Credit Card Authorization:

When you make a purchase, you authorize us to charge your credit card or debit card automatically in accordance with the payment plan you selected. You must provide complete, current, and accurate payment information and update us promptly should any payment information change. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand, together with any applicable collection costs, including attorneys fees and costs, on any outstanding balance.

Promotional Pricing Devices and Price Adjustments: 

We are not able to accommodate a price adjustment after purchase.

Currency:

All payments will be processed in the local currency, or if not specified at checkout, in US Dollars.

Taxes: 

Sales taxes will be applied to your order as required by law in either yours or HHE’s local area.

Refunds:
Payments are NONREFUNDABLE 

Upon execution of this Agreement, all transactions are final and not subject to a refund under any conditions. The student further agrees and understands that changing their mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results they expected or desired, or experiencing any other similar situations does not entitle them to a refund.

However, the program is transferable should the student decide to discontinue their studies and have an eligible other person else take over their program. At that time, the student is to contact HHE about which person will be taking over their agreement moving forward. Financial details related to the transfer are worked out on a case-by-case basis. 

Chargebacks and Payment Security: 

To the extent that the Student provides HHE with credit card information for payment on the Student’s account, HHE shall be authorized to charge the Student’s credit card(s) for any unpaid charges. The Student further agrees they shall not cancel the credit card provided as security without concurrent notice to HHE at the time such credit card is canceled and the furnishing of replacement credit card information.

Failed Payments: 

In the event the Student fails to make any of the payments within the time prescribed, HHE has the right to cease course access until payment in full is paid. The student is encouraged to contact HHE if any payment plan adjustments would be helpful to be made. Any outstanding payments which exceed thirty (30) days where no clear communication has been established between student and HHE regarding a modified payment plan, will be sent to a collection agency without objection from the student.

Graduation Policy:

Each HHE certification has a specific timeline; Holistic Health Coach-6 months, Therapuetic Nutritional Counselor-12 months, Dual Certification-18 months.

The Student agrees to complete the program based on this policy. Failure to complete the program within the timeline may result in removal of access to the courses and an extra fee to take to the practicum for graduation.  

V. SERVICES 

HHE may include different components, such as videos, audio tracks, PDFs, live calls, access to a private Facebook, Circle, and Skool communities, and other resources. You are granted a non-exclusive, non-transferrable, revocable license to access HHE courses for personal use only, in accordance with this Agreement. We reserve the right to terminate your license and right to use HHE courses, without providing any refund, if we determine, in our sole discretion, that you have breached or violated any of the provisions of this Agreement. Without limiting the foregoing, we may, in our sole discretion, limit, suspend, or terminate your participation in HHE courses, or any of our other programs, including live programs and social media-based or digital programs, without refund, if you: 

(i) become disruptive or difficult to work with; 

(ii) you fail to follow the program guidelines; or 

(iii) you impair the participation of our instructors or participants in our programs.

 

1. Sign-in name; Password; Unique Identifier

During training and sessions you are to provide true, accurate, and current information. You agree not to share login information, call-in numbers, passwords, and protected links with anyone and you acknowledge that doing so is a material breach of this Agreement. Providing this information gives HHE permission to communicate with you to relay special offers, announcements and information.

2. Earnings Disclaimer

HHE cannot and does not guarantee or promise any level of earnings or any specific results from use of HHE products/services. Your level of success in attaining results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, finances, and time you devote to CDC.  We make no guarantees that you or your clients will achieve any results from our ideas, techniques, or models presented by HHE, and we offer no professional legal, medical, psychological or financial advice.

3. Your Content

We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the HHE including commenting in the Facebook, Skool, and Circle groups and communicating with us directly or through other forums. You expressly acknowledge and agree that once you submit Your Content it will be accessible by others, and that there is no confidentiality or privacy with respect to it, including, without limitation, any personally identifying information that you may make available. 

YOU ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA HHE, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY

US IN CONNECTION WITH YOUR CONTENT. 

You represent and warrant: 

(a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via HHE for use as contemplated herein, and 

(b) that you are at least eighteen (18) years old. 

You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty- free, worldwide, assignable, transferable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content, including your name, likeness, and photograph in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.

4. Request for Permission to Use Content

Any request for written permission to use our Content (outside of areas of the program distinctly indicated “For Your Use”) or any other intellectual property or property belonging to us, should be made before you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to info@holistichealtheducators.com.  You may not use any content in any way that is contrary to these Terms & Conditions unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific content that we allow and ONLY in the ways for which we have given you our written permission (eg - for the use of educating your clients and customers; not to re-create another online course to sell). If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its content.

6. Privacy and Confidentiality

We respect your privacy and we must insist that you respect the privacy of fellow HHE participants. We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, Confidential Information) and must insist that you respect the same rights of fellow HHE participants. 

Thus, you agree:

● not to infringe any HHE participants or the HHE copyright, patent, trademark, trade secret or other intellectual property rights;

● that any Confidential Information shared by HHE participants or any representative of the HHE is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or HHE;

● not to disclose such information to any other person or use it in any manner other than in discussion with other HHE participants during HHE sessions;

● that all materials and information provided to you by HHE are its confidential and proprietary intellectual property, belong solely and exclusively to HHE, and may only be used by you as authorized by HHE;

● the reproduction, distribution and sale of these materials by anyone but HHE is strictly prohibited;

● that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph HHE and/or the other HHE participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations While you are free to discuss your personal results from our programs and training, you must keep the

experiences and statements, oral or written, of all other participants in the strictest of confidence.

7. Interactive Features

It is a condition of your participation in the HHE and use of related programs that

you do not:

● Restrict or inhibit any other user from using and enjoying the HHE and related programs.

● Use the program to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

● Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

● Gain unauthorized access to the program, or any account, computer system, or network connected to this program, by means such as hacking, password mining or other illicit means.

● Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

● Use the program to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

● Use the program to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

● Use the program to post or transmit any information, software or other material that contains a virus or other harmful component.

● Use the program to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

● Use the program to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

● Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the program.

8. Audio and Video Release

The Student authorizes HHE to use your story as a testimonial and further agree to allow the use of your words, voice, photo, and likeness captured in any programs via photograph, audio, or video, using any technology known or unknown, to be used for future products and/or marketing without compensation to you. You waive any right you may have to inspect and/or approve any photographs, audio, or video of yourself. You understand and agree that all recordings are exclusive rights of HHE and you do not ask for or expect compensation for the use of the recordings or photographs in which you appear or speak. HHE owns all rights to any audio, video, and/or photographs captured during the performance of this Agreement. 

9. Modification

HHE may modify this Agreement from time to time and such modification shall be effective upon posting within program forums. After modifications are made, you will be submitted a new copy of the agreement for your review, at this time you will agree to either continue services under the new conditions or the agreement will be terminated. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is accepted by both parties.

VI. LAW; JURISDICTION

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HHE OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

VII.  FORCE MAJEURE

If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”) the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that you will not be excused from the payment of any sums of money owed by you to HHE; and provided further,

however, if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

VIII. DISCLAIMERS; LIMITATIONS OF LIABILITY.

A) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF HHE, WHICH IS PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

B) WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY,

COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF HHE, THAT HHE WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED.

C) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: 

(I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF HHE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND HHE AT YOUR OWN RISK; 

(II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES & RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; 

(III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PROGRAM OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

D) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HHE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CDC FOR THE PROGRAM.

IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, HHE MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF 

(I) A REFUND OF THE AMOUNT PAID FOR THE HHE, OR

(II) $100.

 

Digital Millennium Copyright Act (DMCA) Notice

HHE respects the rights of other copyright holders. If you believe your copyright is being infringed, HHE will respond to notices of alleged infringement submitted in accordance with 17 USC §512(c)(3). Notice may be sent by email to: info@holistichealtheducators.com, or by physical mail at:

Holistic Health Educators, PMA

368 Columbus Hwy 

Hawkinsville GA 30136

262-339-4024

IX. INDEMNIFICATION

You agree to indemnify and hold HHE, its subsidiaries and affiliates, and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of: this Agreement, your use of CDC, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any of Your Content that you post within or related to CDC that causes HHE to be liable to another.

X. MISCELLANEOUS 

This Agreement represents the entire Agreement between you and us related to HHE and prevails over any prior or contemporaneous, conflicting or additional communications, whether written or oral with respect to the subject matter. You may receive a copy of this Agreement or ask any questions by emailing info@holistichealtheducators.com. This Agreement shall be binding upon and shall ensure to the benefit of the respective parties hereto, their respective successors-in-interest, licensees, sublicenses, legal representatives,

heirs and assigns. No failure of either party to exercise or enforce any provision or any of its rights under this Agreement shall act as a waiver of that provision, of any provision in this Agreement or of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision shall remain in full force and effect and will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision. Your failure to use the Services after purchase does not void any part of this agreement. 

You may not, without the prior written consent of HHE, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. HHE’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by HHE. 

Nothing contained in this Agreement shall be construed to 

(i) give either party the power to direct and control the day-to-

day activities of the other; 

(ii) deem the parties to be acting as partners, joint ventures, co-owners or otherwise as participants in a joint undertaking; or 

(iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. 

Except as provided herein, the rights and remedies of HHE are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in

equity. This Agreement is solely for the benefit of the parties and their successors and permitted assigned, and does not confer any rights or remedies on any other person or entity. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.

IN WITNESS WHEREFORE, the parties hereto have executed this agreement as of the date first set forth above.

©Holistic Health Educators 2024

 

MEMORANDUM OF UNDERSTANDING

I understand that the fellow members of the Association that provide services and care, do so in the capacity of a fellow member and not in the capacity as a licensed health care provider. I further understand that within the association no doctor-patient relationship exists but only a contract member-member Association relationship. In addition, I have freely chosen to change my legal status as a public patient, customer, or client, to a private member of the Association.

I further understand that it is entirely my own responsibility to consider the advice and recommendations offered to me by my fellow members and to educate myself as to the efficacy, risks, and desirability of same and the acceptance of the offered or recommended diagnosis, therapy, treatment and care is my own carefully considered decision. Any request by me to a fellow member to assist me or provide me with the aforementioned diagnosis, therapy, treatment and care is my own free decision in an exercise of my rights and made by me for my benefit, and I agree to hold the Trustee(s), staff and other worker members and the Association harmless from any unintentional liability for the results of such care, except for harm that results from instances of a clear and present danger of substantive evil as determined by the Association, as stated and defined by the United States Supreme Court.

The members have chosen Karen Armes as the person best qualified to perform and/or provide certain services to members of the association, and to identify and select other highly qualified members to perform additional member services. In addition, I understand that, since the Association is protected by the First and FourteenthAmendments to the U.S. Constitution, it is outside the jurisdiction and authority of Federal and State Agencies and Authorities concerning any and all complaints or grievances against the Association, any Trustee(s), members or other staff persons. All rights of complaints or grievances will be settled by an Association Committee and will be waived by the member for the benefit of the Association and its members.

If located outside of the United States, I also understand that the Association is created and protected under the International Covenant on Civil and Political Rights, as ratified by the United Nations General Assembly, pursuant to (among others) Part III, Articles 21 & 22 et. seq. regarding the Right of Peaceful Assembly and Freedom of Association. Because the privacy and security of membership records maintained within the Association which have been held to be inviolate by the U.S. Supreme Court, the undersigned member waives HIPAA privacy rights and complaint process. Any medical or healthcare records kept by the association will be strictly protected and only released upon written request of the member.

I agree that violation of any waivers in this membership contract will result in a no contest legal proceeding against me. In addition, the Association does not participate in any medical insurance plans or collections on behalf of the member but will provide a suitable invoice for the member to pursue reimbursement by his/her insurance company, if applicable.

I agree to join the Association, a private membership association under common law, whose members seek to help each other achieve better health and live longer with good quality of life. I understand that the doctors, nurses, and other providers who are fellow members of the Association are offering me advice, services, and benefits that do not necessarily conform to conventional medical care. I do not expect these benefits to include on-call coverage, hospital care, or the usual and customary care provided by most physicians. I will receive such primary and specialist care elsewhere.

I fully understand that the benefits I receive from the Association might or might not be covered by my health insurance and not at all by Medicare.As a member, I accept the goals of helping my body function better and choosing techniques that are both very safe and have a reasonably good chance to succeed, realizing that no diagnostic technique or treatment is foolproof. If I choose to forgo drugs, surgery, or radiation that has been recommended to me by others, I fully accept the risk that I might suffer serious consequences from that choice. Other aspects of informed consent will take place in my discussions with the providers and my fellow members of the Association. My activities within the Association are a private matter that I refuse to share with the State Medical Board, the FDA, FTC, Medicare, Medicaid, or my own insurance company without my expressed specific permission.

All records and documents remain as property of the Association, even if I receive a copy of them. I fully agree not to file a malpractice lawsuit against a fellow member of the Association unless that member has exposed me to a clear and present danger of substantive evil. I acknowledge that the members of the Association do not carry malpractice insurance. I agree to and acknowledge that no member, including myself, will intentionally cause any other member of the association harm be it physical, spiritual, emotional or financial.

I enter into this agreement of my own free will or on behalf of my dependent without any pressure or promise of cure. I affirm that I do not represent any State or Federal agency whose purpose is to regulate or approve any products. I have read and understood this document, and my questions have been answered fully and to my satisfaction.

I understand that I can withdraw from this agreement and terminate my membership in this association at any time. Upon termination of their agreement, I understand and agree that I will immediately lose my right to view or participate in any programs offered by Holistic Health Educators, and if applicable, any of its affiliates that require private membership. I agree to notify Holistic Health Educators, in writing, upon my termination of this agreement. These pages and Article I of the Articles of Association of the Association consist of the entire agreement for my membership in the Association and they supersede any previous agreement.

ARTICLE I of the ARTICLES OF ASSOCIATION

Declaration of Purpose

 

1. This Association of members hereby declares that our main objective is to maintain and improve the civil rights, constitutional guarantees, and political freedom of every member and citizen of the United States of America, through the exercise of our constitutional rights. This objective also pertains to all law-abiding citizens of other countries around the world whose constitutional provisions embrace similar rights and freedoms as those in our United States of America.

2. As members, we affirm our belief in the Constitution of the United States of America. We believe that the First Amendment of the Constitution guarantees our members the rights of free speech, petition, assembly, and the right to gather together for the lawful purpose of advising and helping one another in asserting our rights under the Federal and State Constitutions and Statutes. We strive to maintain and improve the civil rights, constitutional guarantees, freedom of choice in health care and political freedom of every member and citizen of the United States of America and abroad.

IT IS HEREBY Declared that we are exercising our right of “freedom of association” as guaranteed by the 1st and 14th Amendments of the United States Constitution and equivalent provisions of the various State Constitutions. This means that our association activities are restricted to the private domain only.

3. We declare the basic right of all of our members to select spokespersons from our number who could be expected to give counsel and advice concerning the need for physical and mental health care assistance and to select from our number those members most qualified to assist and facilitate the delivery of education, therapy, treatment and care to other members.

4.We proclaim the freedom to choose and perform for ourselves the types of therapies and treatment modalities that we think best for diagnosing, treating and preventing illness and disease of our minds and bodies and for achieving and maintaining optimum wellness. We proclaim and reserve the right to provide medical and health options that include but are not limited to cutting edge treatment modalities and therapies practiced or used by any types of healers, therapists or practitioners the world over whether traditional or nontraditional, conventional or unconventional.

5.The Association specializes in health and wellness education, explaining therapy options, human body functionality, and various other wellness techniques for optimization of health and well-being. It is each member’s responsibility to practice due diligence in research and consult with the professional healthcare provider of their choice, before moving forward with any therapy or lifestyle change, and no member of the association will be held responsible for another member’s health outcome or level of understanding.

6. The Association will recognize any person (irrespective of race, color, or religion) who is in accordance with these principles and policies as a member, and will provide a medium through which its individual members may associate for actuating and bringing to fruition the purposes heretofore declared.

Acknowledment

1. I understand that the membership fee entitles me to receive those benefits declared by the Trustee(s) to be “general benefits” free of further charge. I agree to pay as levied those benefits that I receive that are declared by the Trustees to be “special assessments OR SERVICES”, per Fee Schedule.

2. I am aware that the cost of $20.00 is consideration for my one-time lifetime membership contract, said term beginning with the date of the signing of this contract, and by these presents do hereby certify, attest and warrant that I have carefully read the above and foregoing HOLISTIC HEALTH EDUCATORS Contractual Application for Membership and I fully understand and agree with same.