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TERMS OF SERVICE

Welcome to the website of Grey Matter Performance (“we,” “us,” “our”). By accessing or using this website (“Site”), you agree to be bound by these Terms of Service (“Terms”). Please read them carefully. If you do not agree with these Terms, you should not use this Site.

 

These Terms apply only to your use of this website. They do not govern your participation in mental health counseling or mental performance coaching services. Those services are governed by separate informed consent agreements provided directly to clients.

 

1. Informational Purposes Only

The content on this Site—including articles, blog posts, resources, downloads, and other materials—is provided for general educational and informational purposes only.

 

Nothing on this Site constitutes:

  • Mental health counseling

  • Psychological diagnosis

  • Psychotherapy

  • Crisis intervention

  • Medical or legal advice

 

Use of this Site does not create a therapist–client relationship, coach–client relationship, or any other professional relationship.

 

2. No Emergency or Crisis Services

Grey Matter Performance does not provide emergency or crisis services through this website. If you are experiencing a mental health emergency or are in immediate danger, call 911, or go to your nearest emergency room. You may also contact:

  • 988 Suicide & Crisis Lifeline (U.S.)

  • Local emergency services in your area

 

Website communications are not monitored continuously and should not be used for urgent concerns.

 

3. Eligibility

This Site is intended for individuals age 18 and older. Minors may only use the Site with parental or guardian supervision.

 

4. No Therapist–Client or Coaching Relationship Created

Submitting a form, sending an email, downloading resources, or interacting with this Site does not:

  • Establish a therapeutic relationship

  • Initiate mental health counseling

  • Begin a mental performance coaching engagement

  • Guarantee availability for services

 

Any professional services require a signed informed consent, required documentation, and explicit acceptance by the provider.

 

5. Telehealth Limitations

Grey Matter Performance provides mental health counseling only to clients physically located in Massachusetts at the time of service.

 

Telehealth services are delivered through HIPAA-compliant platforms; however:

  • This Site itself is not a HIPAA-secure portal

  • Website forms and email should not be used to submit clinical or sensitive personal information

 

PHI is governed by our HIPAA Notice of Privacy Practices, not by these Terms.

 

6. Coaching vs. Counseling

Grey Matter Performance offers mental performance coaching in addition to mental health counseling.

 

Coaching services:

  • Are not healthcare or psychotherapy

  • Are not covered by HIPAA

  • Are governed by a separate coaching agreement

  • Focus on performance, mindset, goals, and skill-building

 

Counseling services:

  • Are clinical services provided by a licensed psychotherapist

  • Are regulated by state law (MA) and HIPAA

  • Have their own informed consent, fee policies, and clinical boundaries

 

This Site may mention both types of services. Use of the Site does not determine which service you qualify for or receive.

 

7. Intellectual Property

All content on this Site—including logos, branding, text, images, designs, graphics, and resources—is the property of Grey Matter Performance unless otherwise stated.

 

You may not:

  • Copy

  • Reproduce

  • Modify

  • Distribute

  • Use content for commercial or professional purposes without express written permission.

 

You may download resources intended for personal use only.

 

8. User Conduct

By using this Site, you agree not to:

  • Engage in disruptive, harmful, or unlawful activity

  • Attempt to gain unauthorized access to our systems

  • Upload viruses or malicious code

  • Use the Site to harass, defame, or harm others

 

We reserve the right to restrict or terminate access for violations.

 

9. Third-Party Links

This Site may contain links to external websites or services. We are not responsible for:

  • Their content

  • Their privacy practices

  • Their accuracy

  • Their availability

 

We encourage you to review the terms and privacy policies of any third-party sites you visit.

 

10. Disclaimer of Warranties

To the fullest extent permitted by law, the Site and its content are provided “as is” and “as available,” without warranties of any kind, express or implied.

 

We do not guarantee:

  • Accuracy or completeness of content

  • Error-free operation

  • Continuous availability

  • Suitability of content for any purpose

 

Use of the Site is at your own risk.

 

11. Limitation of Liability

To the fullest extent permitted by law, Grey Matter Performance and its providers are not liable for any damages arising out of:

  • Use or inability to use the Site

  • Reliance on Site content

  • Any errors, omissions, or inaccuracies

  • Transmission of viruses or harmful components

  • Third-party links or services

 

This includes all types of damages (direct, indirect, incidental, consequential, or punitive).

 

12. Indemnification

You agree to indemnify and hold harmless Grey Matter Performance, its owner, and its affiliates from any claims arising out of:

  • Your misuse of this Site

  • Your violation of these Terms

  • Your violation of applicable laws

 

13. Changes to These Terms

We may update or modify these Terms at any time. Updates will be posted on this page with a revised “Last Updated” date. Continued use of the Site after changes are posted constitutes acceptance of the new Terms.

 

14. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles, as Grey Matter Performance is headquartered in Texas. Counseling clients are governed by Massachusetts law for clinical services, but website use falls under Texas jurisdiction.

 

Contact Information

If you have questions about these Terms, please contact:

 

Grey Matter Performance
Email: mdustin@greymatterperformance.org 
Phone: (979)661-8983

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Last updated December 2025.

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