TERMS OF USE: EDUCATIONAL RESOURCES DISCLAIMER, TERMS OF USE, ASSUMPTION OF RESPONSIBILITY & LIMITATION OF LIABILITY
Effective Date: May 5th 2025
Revised: October 18th 2025
PLEASE READ CAREFULLY BEFORE ACCESSING, PURCHASING, DOWNLOADING, DISTRIBUTING, OR USING ANY MATERIALS.
1. Scope and Applicability
This Agreement applies to all educational materials, clinical documentation templates, trainings, presentations, workbooks, downloadable resources, digital products, social media content, videos, written communications, and other information created, published, distributed, or made available by Kamber Peerboom, MBA, MSW, LICSW; Loud Thoughts Therapy; and any associated legal entities, trade names, assumed business names, affiliates, successors, employees, agents, contractors, or representatives (collectively, the "Provider").
This Agreement applies regardless of whether materials are provided free of charge, purchased individually, accessed through an organizational license, distributed through an educational institution, or obtained through any other authorized means.
2. Educational Purposes Only
ALL MATERIALS ARE PROVIDED STRICTLY FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.
Materials are intended to support professional learning and documentation practices. They do not constitute individualized clinical advice, legal advice, regulatory compliance advice, insurance billing advice, professional supervision, or any other form of individualized professional consultation.
No information, representation, example, template, or recommendation provided by the Provider shall be interpreted as a guarantee of legal compliance, regulatory compliance, insurance reimbursement, audit success, professional competency, or protection against liability.
The Provider makes no representation that any resource is appropriate for every clinician, client, organization, payer, or jurisdiction.
3. Independent Professional Responsibility
The purchaser, downloader, viewer, or user ("User") acknowledges and agrees that they retain sole responsibility for their professional conduct, clinical judgment, documentation practices, and implementation of any materials.
The User is solely responsible for:
Determining the appropriateness of materials for their professional role, clinical setting, and scope of practice.
Reviewing, modifying, and individualizing all templates and documentation.
Verifying compliance with applicable federal, state, and local laws and regulations.
Complying with licensing board requirements, professional ethical standards, and organizational policies.
Determining and satisfying applicable insurance payer, Medicare, Medicaid, and third-party reimbursement requirements.
Maintaining accurate, complete, timely, and clinically appropriate records.
Protecting patient confidentiality and complying with applicable privacy and security obligations.
Obtaining independent legal, regulatory, billing, or professional consultation when necessary.
THE USER ACKNOWLEDGES THAT THE PURCHASE, DOWNLOAD, OR USE OF ANY RESOURCE DOES NOT TRANSFER PROFESSIONAL, LEGAL, ETHICAL, OR REGULATORY RESPONSIBILITY TO THE PROVIDER.
4. No Guarantee of Compliance, Audit Protection, or Outcomes
Although materials may discuss insurance documentation requirements, clinical standards, audits, regulatory expectations, and risk reduction, the Provider does not warrant or guarantee that any resource will satisfy the requirements of any licensing board, government agency, insurance payer, auditor, court, or regulatory authority.
Requirements may differ by jurisdiction, payer, professional discipline, practice setting, and individual circumstances and may change without notice.
References to terms such as "compliant," "insurance-compliant," "audit-ready," "protective," or similar language describe the educational purpose or intended application of materials and shall not constitute an absolute guarantee of any particular outcome.
The Provider does not guarantee that use of the materials will prevent claim denials, recoupments, audits, investigations, disciplinary actions, malpractice claims, legal proceedings, or other adverse consequences.
5. Templates and Documentation Resources
Templates, sample documentation, intervention lists, diagnostic justification examples, treatment planning materials, and other documentation resources are intended as educational tools and starting points for individualized professional use.
The User acknowledges that templates must be adapted to accurately reflect services actually provided, the client's presentation, clinical necessity, professional judgment, and applicable documentation requirements.
The Provider does not authorize or encourage the creation of inaccurate, misleading, fabricated, or otherwise inappropriate clinical records.
The User assumes responsibility for all documentation created, modified, or submitted using the materials.
6. Social Media and Public Educational Content
All content published by the Provider through Instagram, TikTok, Facebook, YouTube, podcasts, websites, newsletters, interviews, live broadcasts, or other public platforms is provided for general educational and informational purposes only.
Such content does not constitute individualized clinical, legal, ethical, regulatory, or professional advice.
Comments, direct messages, responses to questions, and other interactions do not establish a professional consultation relationship or create any duty to provide individualized guidance.
The User acknowledges that public educational content may be abbreviated, simplified, or presented for illustrative purposes and should not be relied upon as a complete statement of applicable professional requirements.
7. No Professional Relationship Created
Accessing, purchasing, downloading, or using materials does not establish a therapist-client, attorney-client, supervisor-supervisee, consultant-client, or other professional advisory relationship between the User and the Provider.
The Provider assumes no ongoing duty to review, supervise, monitor, correct, or approve the User's professional practices or documentation.
8. Materials Provided "As Is"
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
The Provider disclaims, to the extent legally permitted, implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and suitability for any particular professional or regulatory requirement.
The Provider does not warrant that materials will remain current, error-free, uninterrupted, or suitable for the User's intended purposes.
9. Assumption of Risk
By accessing or using the materials, the User knowingly and voluntarily assumes the risks associated with selecting, interpreting, modifying, and implementing educational resources in professional practice.
Such risks may include documentation errors, billing disputes, regulatory concerns, financial losses, professional complaints, or other consequences arising from the User's decisions or implementation.
The User acknowledges that independent verification and professional judgment are necessary before relying upon any materials.
10. Release and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USER AGREES THAT THE PROVIDER SHALL NOT BE LIABLE FOR DAMAGES, LOSSES, CLAIMS, PENALTIES, COSTS, OR EXPENSES ARISING FROM OR RELATED TO THE USER'S SELECTION, MODIFICATION, IMPLEMENTATION, OR MISUSE OF THE MATERIALS.
This includes, without limitation, claims arising from:
Clinical documentation errors or omissions.
Insurance denials, audits, recoupments, or reimbursement disputes.
Licensing board investigations or professional disciplinary proceedings.
Alleged failures to comply with legal, ethical, regulatory, or payer requirements.
Malpractice allegations or professional liability claims.
Business interruption, lost revenue, or financial losses.
Reliance upon educational statements, examples, or recommendations.
To the maximum extent permitted by law, the Provider shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER'S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING FROM A PARTICULAR PURCHASE OR RESOURCE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE USER TO THE PROVIDER FOR THAT PURCHASE OR RESOURCE DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
To the extent permitted by applicable law, the User expressly releases the Provider from claims arising from the Provider's ordinary negligence in preparing or providing educational materials. This release does not apply to gross negligence, reckless conduct, intentional misconduct, or any liability that cannot lawfully be excluded or limited.
Nothing in this Agreement shall waive rights or remedies that cannot lawfully be waived.
11. Indemnification
To the maximum extent permitted by applicable law, the User agrees to defend, indemnify, and hold harmless the Provider from third-party claims, liabilities, damages, judgments, costs, and reasonable attorney fees arising from:
The User's professional conduct or clinical decisions.
The User's modification, implementation, or misuse of materials.
Inaccurate or inappropriate documentation created by the User.
The User's violation of applicable laws, regulations, professional standards, or third-party rights.
The User's unauthorized distribution or use of materials.
This provision shall not require indemnification for claims attributable to the Provider's own negligence, misconduct, or other conduct where such indemnification is prohibited by law.
12. Organizational and Institutional Use
When materials are purchased or accessed by a group practice, educational institution, employer, training organization, or other entity, that organization remains responsible for determining the suitability of materials for its employees, students, trainees, contractors, or other authorized users.
The organization is responsible for its own supervision, instruction, policies, compliance procedures, and implementation decisions.
Individual users remain responsible for their professional conduct to the extent applicable to their roles.
An organizational purchase does not constitute certification, accreditation, compliance approval, or endorsement of the organization's practices by the Provider.
13. Changes to Requirements and Materials
The Provider has no obligation to continuously monitor changes in laws, regulations, payer requirements, or professional standards or to update previously distributed materials.
The User is responsible for confirming that information remains applicable and current before implementation.
14. Acceptance of Terms
BY AFFIRMATIVELY ACCEPTING THESE TERMS DURING PURCHASE, REGISTRATION, ENROLLMENT, OR DOWNLOAD, THE USER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT.
Downloading, accessing, or using materials following clear notice of these terms may additionally constitute acceptance to the extent permitted by applicable law.
Where a resource is accessed through an organization, the organization is responsible for ensuring that applicable users receive and accept these terms as required.
If the User does not agree to these terms, the User must not purchase, download, access, or use the materials.
15. Severability and Governing Law
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
This Agreement shall be governed by the laws of the State of Minnesota, without regard to conflict-of-law principles, except where mandatory applicable law requires otherwise.
16. Entire Agreement
This Agreement establishes the general educational-use disclaimers, allocation of responsibility, and limitations of liability applicable to the materials.
It supplements any applicable purchase agreement, institutional licensing agreement, or other separately executed written agreement. In the event of a conflict, the more specific signed agreement shall control to the extent applicable.
PROVIDER:
Kamber Peerboom, MBA, MSW, LICSW
Loud Thoughts Therapy
Including applicable associated legal entities, registered or assumed business names, and authorized representatives.