Legal Information

This Website and its Content is owned by Kourtney DeBoer, LMFT, Sole Proprietor DBA Cultivating Capacity (“Owner” or “we”). The term “you” refers to the user or viewer of www.cultivatingcapacity.com (“Website”). Please read this information carefully before using this website. By using this website, you agree to the terms outlined below.

Effective Date: October 2025

1. Privacy Policy & Data Protection

Information We Collect

We collect only the minimum information necessary to provide you with quality services:

Personal Information:

  • Name and email address for newsletters and communications
  • Billing information (name, address, payment details) for service purchases
  • Contact form submissions for inquiries

Technical Information:

  • IP address and traffic data for website maintenance
  • Cookies for website functionality and Google Analytics

How We Use Your Information

We use your information to:

  • Deliver services and products you've purchased
  • Respond to your inquiries
  • Send marketing communications (with your consent or legitimate interest)
  • Process payments through secure third-party processors
  • Run social media advertisements

Your Data Rights

You have the right to:

  • Access, update, or delete your personal data
  • Restrict processing if data is inaccurate or unlawful
  • Withdraw consent at any time
  • Request data portability
  • Lodge complaints with supervisory authorities
  • Opt out of marketing communications at any time

To exercise these rights, contact: kourtney@cultivatingcapacity.com

Data Security & Retention

We implement commercially reasonable security measures to protect your information. We retain data only as long as necessary for service delivery and legal obligations. In the event of a data breach, we will notify you immediately.

Third-Party Sharing

We share information only with trusted service providers (newsletter services, payment processors, website hosting) who maintain GDPR compliance and similar security standards.

International Data Transfers

For users in the European Union, we may transfer personal data outside the EU. By using our services, you consent to these transfers.

Children's Privacy

Our services are for individuals 18 years and older. We do not knowingly collect information from anyone under 18 (COPPA and GDPR compliance).

2. Terms of Service

Website Use & Intellectual Property

Ownership: All content on this website (text, graphics, materials, designs) is owned by Kourtney DeBoer, LMFT DBA Cultivating Capacity and is protected by U.S. intellectual property laws.

Your Limited License: You receive a revocable, non-transferable license for personal, non-commercial use only. You may:

  • Download/print individual pages for personal use with full attribution
  • Not copy, reproduce, modify, or distribute content for commercial purposes
  • Not use content in any way that implies it is yours

Permission Required: Written permission is required before using any content for business purposes. Contact us at kourtney@cultivatingcapacity.com.

Your Contributions: By posting comments, photos, or other materials on our website, you grant us rights to use that content. You represent that you own the materials and are at least 18 years old.

Prohibited Conduct

You may not use this website to:

  • Engage in fraudulent, illegal, or harmful activities
  • Send viruses, spam, or malicious content
  • Harass, threaten, or harm others
  • Violate intellectual property rights
  • Impersonate others or mislead about content origins

Online Purchases

Payment information is collected by secure third-party processors. You are responsible for all purchases made through your account.

3. Professional Disclaimers

Licensed Practice Information

I am a Licensed Marriage and Family Therapist (LMFT) providing limited clinical services in California, the District of Columbia, Idaho, Iowa, Maryland, Pennsylvania, Vermont, Virginia, and Washington.

IMPORTANT: This website does NOT establish a therapist-client relationship. A therapeutic relationship is established only after:

  • Signed informed consent documents
  • Mutual agreement to proceed with services

Medical & Mental Health Disclaimer

This website is for educational and informational purposes only.

  • Content is NOT medical advice, mental health treatment, or a substitute for professional care
  • Do NOT use this website for diagnosis, treatment, or medical decisions
  • Do NOT stop or start medications based on website information
  • Contact your own licensed healthcare provider for medical or mental health concerns
  • If you have a medical or mental health emergency, call 911 or go to the nearest emergency room

No Therapeutic Relationship: Viewing this website does not create a client-therapist relationship. Information provided is not intended to diagnose, treat, prevent, or cure any physical or mental health condition.

Legal & Financial Disclaimer

This website does NOT provide legal or financial advice.

  • I am not an attorney, accountant, or financial advisor
  • Consult your own licensed professionals for legal or financial matters
  • I assume no responsibility for your business, financial, or legal decisions

Earnings & Results Disclaimer

No Guarantees: I make no representations about:

  • Health benefits or outcomes
  • Income, profits, or business success
  • Specific results from using website content

Your results depend on your own efforts, circumstances, and numerous individual factors. You are solely responsible for your actions and outcomes.

Professional Consultation Disclaimer

Consistent with professional standards:

  • Information provided is not a substitute for independent professional counsel
  • The absence of an attorney-client relationship means communications are not privileged
  • Seek independent legal, medical, or financial advice as appropriate

4. Good Faith Estimates & Billing Rights

Your Rights Under the No Surprises Act

Effective January 1, 2022, federal law requires healthcare providers to give good faith estimates of costs to uninsured and self-pay patients.

Who This Applies To

You are entitled to a Good Faith Estimate (GFE) if you are:

  • Uninsured (no health insurance)
  • Self-pay (have insurance but choose not to use it for these services)

What is a Good Faith Estimate?

A GFE is a written estimate showing:

  • Expected charges for scheduled services
  • The number and frequency of sessions anticipated
  • Service codes (CPT codes) for the treatment
  • Diagnosis codes (when applicable)
  • Other services that may be needed

Important: The estimate is not a contract. You are not required to obtain services from me, and the estimate may change based on your actual needs.

When You'll Receive Your Estimate

For Scheduled Appointments:

  • Services scheduled 3-9 business days in advance: within 1 business day of scheduling
  • Services scheduled 10+ business days in advance: within 3 business days of scheduling

For Requested Estimates:

  • Within 3 business days of your request

Your Right to Dispute Bills

If you receive a bill that is $400 or more above the total estimate, you may:

  • Initiate a Patient-Provider Dispute Resolution (PPDR) process
  • Request review by an independent third party
  • Submit your dispute within 120 calendar days of receiving the bill

This protection applies per provider. The dispute process will not negatively affect the quality of care you receive.

Where to Find Information

Information about Good Faith Estimates and your billing rights is:

  • Posted on this website
  • Available at our office location
  • Provided upon request

For more information about the No Surprises Act, visit: www.cms.gov/nosurprises

5. Washington Health Data Privacy Rights

My Health My Data Act (Washington State)

If you are a Washington resident, you have additional protections under Washington's My Health My Data Act regarding personal health data.

What is Consumer Health Data?

Consumer health data includes information that identifies or can be used to identify your:

  • Physical or mental health status
  • Health care services received
  • Purchase or use of prescribed medication
  • Bodily functions
  • Reproductive or sexual health
  • Genetic information

Your Washington Privacy Rights

You have the right to:

  • Know what health data is collected about you
  • Access your consumer health data
  • Delete your consumer health data
  • Withdraw consent for collection or sharing
  • Not have your data sold without explicit consent

Our Responsibilities

We will:

  • Publish a Consumer Health Data Privacy Policy (see Section 1)
  • Obtain valid authorization before selling any consumer health data
  • Allow you to withdraw consent at any time
  • Honor your deletion requests (with some legal exceptions)
  • Maintain proper security for your health data

Consent Requirements

We collect and process your health data only:

  • With your explicit consent
  • To fulfill our contractual obligations to you
  • When we have a legitimate interest (with clear notice)
  • As required by law

To exercise your Washington privacy rights, contact: kourtney@cultivatingcapacity.com

6. Professional Ethics & Standards

Adherence to Professional Codes

I maintain licensure and telehealth permits as a Marriage and Family Therapist (LMFT) in multiple states. As a LMFT, my scope of practice varies by state and generally includes the application of psychotherapeutic and family systems theories, principles, and methods in the delivery of services to individuals, couples, or groups. I adhere to 

AAMFT Code of Ethics: As a member of the American Association for Marriage and Family Therapy, I follow the AAMFT Code of Ethics, which includes standards for:

  • Non-discrimination and client welfare
  • Informed consent
  • Confidentiality and privacy
  • Professional competence
  • Accurate record-keeping
  • Appropriate professional relationships
  • Advertising and public statements

State Licensing & Permitting Requirements: I comply with all applicable laws and regulations in:

  • California - Licensed Marriage and Family Therapist LMFT81227
  • District of Columbia - Licensed Marriage and Family Therapist LMFT200001325
  • Idaho - Mental and Behavioral Health Telehealth Marriage & Family Therapy Permit #10215
  • Iowa - Licensed Marriage & Family Therapist LMFT127765
  • Pennsylvania - Licensed Marriage and Family Therapist MF001706
  • Maryland - Licensed Clinical Marriage and Family Therapist (LCMFT) LCM1159
  • Vermont - Licensed Marriage and Family Therapist Interim Telehealth Registration 100.0134455TELE
  • Virginia - Licensed Marriage and Family Therapist LMFT0717002067
  • Washington - Licensed Marriage and Family Therapist LF60497597

Highest Standards: When professional codes require higher standards than law, I meet those higher ethical standards.

Confidentiality Limitations

While I maintain strict confidentiality, there are legal exceptions including:

  • Suspected child abuse or elder abuse
  • Immediate danger to self or others
  • Court orders or legal proceedings
  • As required by law

These limitations will be explained in detail prior to initiating services. 

Your Right to File a Complaint

If you believe I have violated professional legal standards or engaged in unethical conduct, you have the right to file a complaint with the appropriate regulatory board(s) in the state(s) where services were provided, and/or with the professional association. 

7. Affiliate Relationships & Disclosures

Transparency in Recommendations

Some links on this website are affiliate links. This means if you purchase a product or service I recommend, I may receive a commission at no additional cost to you.

Our Affiliate Promise

I only recommend products and services that:

  • I have personally used or thoroughly researched
  • I genuinely believe provide value
  • Meet quality standards appropriate for mental health professionals

Commission disclosure does not imply:

  • That you must purchase through my links
  • That the product is superior to alternatives
  • That I endorse every aspect of the vendor's business

Current Affiliate Programs

This website participates in:

  • Amazon Services LLC Associates Program
  • SimplePractice (EHR system)
  • Open Path Psychotherapy Collective
  • Mental Health Match
  • Psychology Today
  • MOO
  • PESI

Provider Tools Page: My affiliate recommendations for clinicians are on a separate page not intended for clients. These recommendations represent products I find useful in professional practice. 

Your Responsibility

Please research any product or service before purchasing. What works for my practice may not be appropriate for yours.

8. Warranties & Liability Limitations

"As Is" Basis

THIS WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

We disclaim all warranties, express or implied, including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy or completeness of information
  • Uninterrupted or error-free access

Limitation of Liability

To the fullest extent permitted by law, we are not liable for:

  • Direct, indirect, incidental, or consequential damages
  • Lost profits, business interruption, or data loss
  • Accidents, delays, injuries, or harm
  • Use or misuse of website information
  • Third-party content or linked websites
  • Technical failures or security breaches

Your Assumption of Risk

By using this website or our services, you acknowledge that:

  • You use your own judgment and assume all risks
  • You are solely responsible for your decisions and actions
  • No results or outcomes are guaranteed
  • You release us from claims related to your use of information provided

Indemnification

You agree to indemnify and hold harmless Kourtney DeBoer, LMFT DBA Cultivating Capacity from any claims, damages, or expenses arising from:

  • Your use of the website
  • Your violation of these terms
  • Your violation of any rights of others

9. Governing Law & Dispute Resolution

Jurisdiction

These terms are governed by the laws of Maryland, without regard to conflict of law principles.

Venue

Any disputes must be resolved in state or federal courts located in Maryland.

Termination

We reserve the right to terminate your access to the website at any time, with or without notice, for any violation of these terms.

10. Acknowledgment

We reserve the right to modify these terms at any time. Changes become effective immediately upon posting to the website. Your continued use of the website or services after changes constitutes acceptance of the modified terms. Please review this page periodically for updates. 

By using this website or our services, you acknowledge that:

  • You have read and understood these terms
  • You agree to be bound by these terms
  • You are at least 18 years of age
  • You will comply with all applicable laws

If you do not agree with these terms, please do not use this website or our services.