Term & Services
OVERVIEW
These Terms of Service ("Terms") govern your access to and use of the services, programs, and content offered by Kind Over Matter Creative ("Kind Over Matter Creative," "we," "us," or "our") through our website and other delivery channels.
By accessing or using our website or services (including purchasing or booking), you agree to be bound by these Terms. If you do not agree, please do not access or use our services.
These Terms apply to all users, including visitors, clients, participants, and purchasers. We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page, and your continued use of our services constitutes acceptance of those changes.
SECTION 1 – ELIGIBILITY & ONLINE TERMS
By using our services, you represent that you are at least the age of majority in your jurisdiction or have obtained parental or guardian consent to participate.
You may not use our services for any unlawful purpose or in violation of applicable laws. You must not transmit any viruses, malware, or other harmful code.
Violation of these Terms may result in the immediate termination of your access to our services.
SECTION 2 – SERVICES, SCOPE & NON-THERAPY DISCLAIMERS
Kind Over Matter Creative provides healing-centered storytelling coaching. Our services are coaching and educational in nature—they are not psychotherapy, medical care, legal advice, or financial advice.
Kind Over Matter Creative does not diagnose, treat, or cure mental health conditions and does not provide crisis intervention or emergency services.
Guarantees & Results
Results vary from person to person. Kind Over Matter Creative makes no guarantees regarding specific outcomes. Testimonials and case studies reflect individual experiences and should not be interpreted as guarantees of future results.
No Therapist-Patient Relationship
Participation in Kind Over Matter Creative services does not create a therapist-client, physician-patient, or any other professional healthcare relationship.
SECTION 3 – PROGRAM DESCRIPTIONS & ENROLLMENT
Program descriptions, pricing, schedules, and enrollment details are provided on our website or through our program materials.
Enrollment is considered complete once registration and payment have been confirmed.
We may offer payment plans, promotional pricing, or limited-time offers where applicable. We reserve the right to modify program offerings, schedules, and pricing at any time.
SECTION 4 – CLIENT RESPONSIBILITIES & CONDUCT
Clients agree to participate in sessions in good faith, follow reasonable program requirements, and engage respectfully with facilitators and fellow participants.
Kind Over Matter Creative reserves the right to refuse service or suspend or terminate participation for conduct that we reasonably determine to be disruptive, abusive, or harmful.
SECTION 5 – INTELLECTUAL PROPERTY
All content, materials, curricula, workbooks, methods, trademarks, and other intellectual property provided by Kind Over Matter Creative are owned by or licensed to Kind Over Matter Creative.
You may not copy, reproduce, distribute, share, sell, or create derivative works from these materials without prior written permission.
Unauthorized use may result in termination of access and legal action.
SECTION 6 – THIRD-PARTY TOOLS & LINKS
We may provide access to third-party tools such as payment processors, scheduling software, video platforms, analytics services, and similar technologies.
These tools are provided "as is" and remain subject to the terms and conditions of their respective providers.
We are not responsible for the content, availability, or practices of third-party services or websites linked from our site.
SECTION 7 – PRIVACY & PERSONAL INFORMATION
Our collection and use of personal information are governed by our Privacy Policy.
By using our services, you consent to the collection and use of your information as described in our Privacy Policy.
SECTION 8 – PROGRAM MATERIALS & INCLUDED RESOURCES
Program enrollment may include digital materials such as workbooks, worksheets, checklists, recordings, and other educational resources.
Lifetime access, post-program support, or similar benefits (if offered) will be described during enrollment.
Kind Over Matter Creative reserves the right to update or modify included materials with notice.
SECTION 9 – LIMITATIONS OF LIABILITY & DISCLAIMERS
To the fullest extent permitted by law, Kind Over Matter Creative and its officers, employees, contractors, affiliates, and partners shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, loss of data, or other intangible losses arising from your use of our services, materials, or website, even if advised of the possibility of such damages.
Where applicable law does not permit certain limitations of liability, our liability shall be limited to the fullest extent permitted by law.
SECTION 10 – INDEMNITY & ASSUMPTION OF RISK
By scheduling or attending coaching sessions or participating in our programs, you acknowledge that Kind Over Matter Creative coaching is educational in nature and does not constitute medical, psychological, legal, or financial advice.
You remain solely responsible for your own decisions and outcomes.
You agree to indemnify, defend, and hold harmless Kind Over Matter Creative and its officers, directors, employees, agents, contractors, licensors, and suppliers against any claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to your participation in our services, except where caused by our gross negligence or willful misconduct.
Assumption of Risk
You acknowledge that participation may involve discussions of sensitive or emotionally challenging topics.
If you are experiencing a mental health crisis, active suicidal thoughts, uncontrolled substance dependence, or any other emergency, please seek immediate medical or emergency assistance. Kind Over Matter Creative is not a crisis intervention service.
SECTION 11 – REFERRAL POLICY
Kind Over Matter Creative may, at its discretion, recommend that clients seek evaluation or treatment from licensed medical or mental health professionals when appropriate.
Any referrals are recommendations only. Kind Over Matter Creative does not guarantee the outcomes or services provided by any referred professional.
SECTION 12 – USER CONTENT & TESTIMONIALS
If you submit comments, testimonials, reviews, or other user-generated content, you grant Kind Over Matter Creative a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content for promotional and informational purposes unless a written confidentiality or anonymity agreement has been made.
We will honor requests to remove or anonymize identifying information whenever reasonably possible.
SECTION 13 – PROHIBITED USES
You agree not to use our services for any unlawful purpose, infringe upon the rights of others, or upload or distribute malicious content, including viruses or malware.
We reserve the right to suspend or terminate access for prohibited conduct.
SECTION 14 – SEVERABILITY, TERMINATION & ENTIRE AGREEMENT
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Either party may terminate access in accordance with these Terms.
These Terms, together with any policies referenced herein, constitute the complete agreement between you and Kind Over Matter Creative regarding your use of our services.
SECTION 15 – GOVERNING LAW
These Terms are governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of law principles.
Any disputes, claims, or legal proceedings arising out of or relating to these Terms or your use of Kind Over Matter Creative services shall be brought exclusively in the state or federal courts located in California, and you consent to the jurisdiction of those courts.
SECTION 16 – CHANGES TO THESE TERMS
We may update these Terms from time to time.
Any revisions will be posted on our website. Your continued use of our services after those updates are posted constitutes acceptance of the revised Terms.
CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
evan@kindovermattercreative.com
Our contact information is:
- Kind Over Matter Creative
- evan@kindovermattercreative.com
