Welcome to Train Your Brain: Your Record of Care with TMS, www.tmsworkbook.com
a. These terms set out your rights and obligations as a Clinician user of Train Your Brain: Your Record of care with TMS, www.TMSworkbook.com or www.trainyourbrainworks.com (the Website) which is owned by Nashville Center for Hope & Healing (NCHH)
c. You should read before agreeing to these terms.
2. How to contact us:
a. If you need technical assistance, you can always contact us, by emailing us, firstname.lastname@example.org between 9am-4pm CDT, Monday to Friday (excluding US holidays). Contact information: Train Your Brain: Your Record of Care with TMS, c/o NCHH, 2125 Belcourt Avenue, Nashville, TN 37212, Phone: (615) 281-9800 | Fax (615) 369-3019.
3. Acknowledgments and Acceptance:
a. The Website provides an internet-based service owned by NCHH and operated by Pratt Web Solutions ("we", "our" or "us"). "You" or "your" refers to a CLINICIAN user of the Website. “We” or “us” refers to NCHH or the www.TMSworkbook.com owners and/ or operators.
b. If you do not agree with any of these terms, do not use the Website.
d. THE WEBSITE IS NOT FOR PERSONS UNDER THE AGE OF 18, you must be at least 18 years or older to use this Website. You must also be 18 years or older to open an account (“Account”). You represent and warrant that you are at least 18 years of age and that you have not been previously suspended or removed from the Website. This Website is not for any users previously suspended or removed from the Website; If you are under age 18 or have been previously suspended or removed from the Website, please do not use or access the Website at any time or in any manner.
e. You must be a human or a human authorized representative of an entity. Accounts registered by ‘bots’ or other automated methods are not permitted.
f. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your State or Province of residence and are legally capable of entering into a binding contract.
4. Electronic Notices
a. By using the Website or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com.
a. The Website is HIPAA compliant and protects identifiable patient, clinician, and technician information.
b. The authors have worked to ensure that all the information in this web-based program is accurate at the time of this publication and consistent with the current general psychiatric and medical standards for using TMS for the treatment of depression. The authors have also worked to ensure that the information concerning medication is accurate at the time of this publication and consistent with the standards set by the U.S. Food and Drug Administration and the general U.S. medical community. As medical research and practice continue to rapidly advance, the medical standards may change. Situations may require a therapeutic response not included in this website program. For this reason and because human and mechanical errors can occur, the authors recommend that readers (both technicians and patients alike) follow the advice of the clinician(s) involved in the patient’s care.
c. This program was originally published by the NeuroScience & TMS Treatment Centers (NSTMS) and transferred to the NCHH. The content represents the findings, conclusions, and views of the individual authors and does not necessarily represent the policies and opinions of the NSTMS, nor NCHH.
d. Any content available on the website is NOT A SUBSTITUTE for the professional judgement of healthcare providers in diagnosing and treating patients and the website is not designed for use in medical emergencies. The website and NCHH do not provide medical advice, nor does it provide medical or diagnostic services. We are not responsible for the accuracy, timeliness, completeness, appropriateness, or helpfulness of any content whatsoever. Reliance by the Clinician, Technician, and patients upon information and content obtained through the website is solely at the risk of the Clinician, Technician, or the patient.
a. While registering, you must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.
b. You warrant that all information you provide to us when registering an Account is true and accurate to the best of your knowledge and belief. You must ensure the information in your Account is updated regularly with any relevant changes.
c. You are solely responsible for maintaining the security of your Account login details and password. You are responsible for all activities that occur under your Account and must notify us immediately of any unauthorized use of which you become aware. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
d. We reserve the right in our absolute discretion to refuse to register an Account for any given prospective user.
e. You may not use the Website for any illegal or unauthorized purpose. You must not, in the use of the Website, violate any laws (including but not limited to copyright and privacy laws).
f. The Clinician agrees:
i. that he/she is a licensed medical professional who prescribes Transcranial magnetic stimulation to patients for the treatment of medical illness.
ii. if the clinician is not a licensed medical professional practicing within your recognized scope of care, you should not use this website.
iii. by registering yourself, your practice, and your technicians that these individuals should have access to the patient progress, goals, and assessment scores as is necessary to maintain and medically monitor patient care.
iv. that he/she alone authorizes technician(s) and other cross covering clinician access to the website to see patient’s scores, goals, and risk assessments and utilize the workbook with the clinician’s patients.
v. as the TMS Prescriber, you may delegate patient assignment to any/or all TMS technicians |TMS operators | TMS Coordinators | TMS Staff that work in your clinic(s). These individuals may, on your behalf, assign access to the TMSworkbook.com to the patient(s) whom you have approved such access. Regardless of the assignment, as the TMS prescriber, you are solely responsible for deciding if the TMSWorkbook.com is appropriate for your patient(s).
v. to provide and confirm an email, address, emergency contact number and password to register for this Website, must agree for email communication from the Website concerning your patient.
g. The Technician agrees:
i. that he/she is employed with the Clinician(s) who use this website.
ii. by registering for the website, that you should have access to the patient progress, goals, and assessment scores as is necessary to maintain and medically monitor patient care.
1. if the prescribing clinician purchases a monthly subscription, you as a technician will have access to the entire content of the workbook including the ability for the clinician to delegate the assignment of patient access to the website.
iii. that you understand the HIPAA privacy policies for your practice.
iv. that your registration or any patient registration must be approved by the supervising clinician.
h. The Patient agrees:
i. That registration is for patients who have been prescribed Transcranial magnetic stimulation by Clinicians who use this website.
ii. That the patient retains a right to decide whether to participate or not.
iii. That we will grant access to patient weekly assessments, goals, questionnaires, and graphs to the patient’s clinical team (clinician, technician, and other clinical team within the practice) for the purposes of assessing risks, and monitoring progress and outcomes
iv. To consider authorizing information to be transmitted to your clinicians and technicians.
3. Purchasing Access Code(s) by Clinicians
b. We believe that patients are appropriate for use of this website with their treatment of depression with Transcranial Magnetic Stimulation when you decide to give them an access code.
c. You shall have control as to which patients are invited to connect to the website and you shall have the sole responsibility for verifying the identity of the patients and the contact information on how to invite them. You acknowledge that each patient retains a right to decide whether to participate or not.
d. You agree and accept these terms upon our confirming your acceptance for your patient’s care.
e. Upon receipt of your purchase of an access code, your assignment of that access code to a patient, your acceptance of their care, and your assignment of that code to the patient, we will send the patient a link to access the program.
f. We have the sole discretion to deactivate the lost or misused user codes and to dispatch replacement user codes.
g. By purchasing access for your patient, you agree that access codes purchased cannot be refunded.
h. Access codes can be transferred or sold to another physician or clinician, if not sold to the clinician’s own patients. In order to transfer the codes, contact our office to arrange the assignment to another clinician. Assignment cannot be transferred if the Access code has been previously activated by a patient, a technician, clinician or any original purchaser. Only those codes which have not been previously activated by another can be transferred.
4. General use of the website:
a. You must ensure that your access to the Website is protected from unauthorized access by third parties at all times.
b. We will not be responsible for any delay in activation of the use of the website.
c. You agree and accept that non-identifiable patient data will be aggregated to identify the patient outcomes of utilizing this Website.
d. You agree to use this website for legitimate purposes and not for any illegal or unauthorized purposes, including without limitation, in violation of any intellectual property or privacy laws.
e. You agree to not use this website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
f. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact us as needed.
g. You agree to promptly update your account and information.
h. You agree to promptly notify us if you inadvertently find content that you should not have access. Patients might errantly select you as a clinician instead of their clinician, and there are inherent risks of errors in coding which could allow access to content.
j. You agree and accept that we reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website.
k. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any content, feature or product offered through our website.
5. Obligations and Responsibility:
a. All users of the website:
i. You are responsible for all unauthorized usage that occurs on your account or via the access codes given you and you must:
1. promptly notify us if there is any unauthorized usage of your account or the access codes sent to you;
2. maintain and update the information supplied by you to us to ensure it is accurate at all times; and
3. only have one active account, whether this is by use of name, email address or an alias.
b. Clinician and Technician:
i. You must rely upon your own investigations, as the clinical team for the patient, as to whether the Website will meet your patient needs.
ii. If you elect for your patient to use the website, and if you believe the patient is suitable for Website, as the clinician (prescriber of TMS) for the patient, you:
1. must approve your patient’s use of this website program;
2. you recommend this web-based Clinical course for the patient with an “access code”;
3. must accept clinical responsibility for helping the patient with the website in order for it to have the greatest impact;
4. assessing your patient’s participation in the Website program;
5. you must continue clinical responsibility for your patient’s care;
6. you accept and understand the way the Website uses information about patient data and patient outcomes;
7. you warrant that you will supervise the patient with due care and skill;
8. you accept to remain professionally responsible for the overall health and welfare of your patient; and
9. you accept that the Website will inform you and/or your technician of your patient's progress through the Website, in particular their standardized scores or any risk concerns which the patient identifies.
c. Patient User:
ii. The patient will recognize that utilizing the website can help get you well and will help your clinician(s) and technician(s) assess your medical history, baseline and ongoing risk factors, your progress with TMS, your weekly and trending assessments. Despite this fact, the patient will have no obligation or responsibility to complete the workbook.
iii. Upon authorization by you, we may email or text you, and your clinical team alerts about clinical notifications concerning findings of concern.
6. Intellectual Property Rights
a. All rights (including intellectual property rights such as copyright and trademark) now existing or in future arising on the Website and its content is owned by or licensed to NCHH,
b. Copyright, 2020 Nashville Center for Hope & Healing & Michelle Cochran MD.
c. You do not obtain any rights in the Website other than the user rights granted in this agreement.
7. License, Permitted Use and Restrictions on Use:
a. We grant to you and your patient a non-exclusive, non-transferable license to use the Website and for your patient’s care and to refer others to our Website.
b. You may not assign or grant a sublicense of or commercially exploit, grant a security interest over, or otherwise transfer, your rights to use the Website other than to assist patients or assist clinical staff with their own access to the Website.
c. You may not assign a Test Patient or Test account for indefinite Technician or Operator use.
d. We reserve the right to update and change the Website from time to time.
e. You may not, in any form, or by any means:
i. Use the Website or its contents, except for your clinical use or with use with your patient;
ii. Copy, reproduce, store, transmit, publish, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise create derivative works from any part of the Website or its content;
iii. Cause any of the Website to be framed or embedded in another website;
iv. Commercialize any content, products, or services in the Website other than to advertise to other patients; or
v. Distribute any portion of the Website to any third party or make the Website available to any third party in any way other than in a manner specifically authorized by NCHH.
f. The Website, TMSworkbook.com and Train Your Brain: Your record of care with TMS, including their ‘look and feel’ are protected by copyright, trademark, and other intellectual property laws worldwide. You acknowledge and agree that the website (and/or its owners) exclusively owns all right, title and interest in and to www.TMSworkbook.com and Train Your Brain: Your record of care with TMS, all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, trademarks, database rights and any other intellectual property rights anywhere in the world (collectively, “IP Rights”). Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of TMSWorkbook.com, the Website without express written permission from us.
g. You agree not to create a derivative work of, reproduce, duplicate, copy, (except to the extent permitted by law notwithstanding any contractual prohibition) reverse engineer, reverse assembly, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website without the express written permission. Any rights not expressly granted herein are reserved.
h. You must not modify, adapt or hack the Website or modify another website so as to falsely imply that it is associated with the Website, or any other Train Your Brain: Your Record of Care with TMS or TMSWorkbook service.
j. All rights (including intellectual property rights such as copyright and trademark) now existing or in future arising in the Website and its content is owned by or licensed to NCHH.
k. Copyright, 2020 Nashville Center for Hope & Healing & Michelle Cochran MD
l. You do not obtain any rights in the Website other than the user rights granted in this agreement.
a. You irrevocably indemnify us being the Website, NCHH and each of NCHH's directors, officers and employees and the directors, officers, PrattWebSolutions, and authors of Train the Brain: Your record of care with Transcranial Magnetic Stimulation (on whose behalf we accept this promise as their agent) against any liability, claim or proceeding that is made or commenced against us, and against any liability, loss (including consequential loss), damage or expense that is incurred or suffered by us or arising from a breach of these terms by you or as a result of your use of the Website.
a. Each user is solely responsible for properly canceling his/her account. Account cancellation requests must be submitted in writing via email firstname.lastname@example.org. Cancellations by phone or sent to any other email address will not be considered valid.
b. Each patient account on the Website may have an expiration date. Patients will be notified of the expiration date so that downloads of assessments and other relevant information can be made.
10. Termination/ Cancellation by Us:
a. If you fail to comply with a provision of these terms, and the failure can be remedied, we may send you a notice electronically requiring you to correct your failure.
b. If you don’t correct your failure within the time provided in the notice, or if your failure cannot be remedied, we may terminate your access to the Website after sending you 7 days' notice advising of the intended termination.
c. Upon termination by us by written notice to you, you must immediately cease to use the Website.
d. Without limiting the operation of any other term, we will not be held liable for loss or damage arising from the exercising of these rights.
e. There will be no refund of monies paid for access to the Website for cancellation for cause.
a. Upon the termination of this agreement, the clauses relating to intellectual property, disclaimer, limitation of liability and restrictions of use remain in force.
12. Applicable Law:
a. These terms are governed by and must be construed in accordance with US, and state of Tennessee laws, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Davidson County, Tennessee, United States and all courts which have jurisdiction to hear appeals from those courts.
13. Special Notice for International Use:
a. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
b. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
c. If you are using or visiting the Site from the European Union or other regions with laws governing data collection and use, then you are agreeing to the transfer of your information to the United States and to processing globally.
a. If any provisions of the Terms and Conditions are held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
a. Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.
16. Disclaimer and Limitation of Liability
b. Although, our intent is to help standardize care and to help patients get well, we cannot make promises that using this Website will lead to response or remission with TMS. This Website and TMS help many people but they cannot help all. Your treatment team will help you find something that gets you well.
c. Your use of the website is at your sole risk. The Website is provided on an ‘as is’ and ‘as available’ basis. We expressly disclaim all warranties, conditions and other terms of any kind, express, implied or statutory, relating to the website, TMSworkbook.com, content and user submissions, including without limitation the warranties of title, satisfactory quality, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance.
d. You understand that the website uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology to run the website.
e. TMSworkbook.com does not warrant that:
i. the website will meet your specific requirements,
ii. the website will be uninterrupted, timely, secure, error-free or virus free,
iii. the results that may be obtained from the use of the website will be accurate or reliable,
iv. the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations, and
v. any errors in the website will be corrected.
vi. the Find–a–Clinician feature will guarantee referrals.
f. We do not promise that someone unauthorized by the patient may be able to see a specific patient’s private information in the process of being employed in a medical practice where multiple clinician and technician users have been given access to patient records for cross-coverage reasons.
g. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice.
i. In the event of any security breach or suspected security breach of Patient Health information, we will be responsible for sending out any security breach notifications as may be required by the law. Nothing in this paragraph grants NCHH, or the website or any patient, any rights to, or makes TMSWorkbook or NCHH responsible for, copies of records or data maintained in the system.
j. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any content, feature or product offered through our website.
k. We are not responsible for your loss arising out of or referable to:
i. materials on the Website;
ii. factors which can reasonably be considered to be outside our control, such as faults in third party equipment;
iii. loss of data;
iv. loss of income, loss of actual or anticipated profits, loss of business, loss of reputation, or
v. loss caused by you acting negligently or in breach of these terms.
vi. links provided to other Internet sites are provided for your convenience and do not constitute endorsement of the information at those sites, or any associated person, organizations, product or service.
l. You may have rights under other laws in the form which cannot be excluded. To the extent permitted by law, NCHH excludes all other conditions and warranties implied by custom, law or statute. For liability that cannot by law be excluded, NCHH's liability is limited to:
i. resupplying or paying the cost of resupplying access codes which are defective; or
ii. Any products that we sell or otherwise provide to you through the website, will be provided on the terms notified to you at the time of sale or delivery.
The Statements on this website have not been evaluated by the Food and Drug Administration (FDA), or any other international regulatory agency.
As of March 2019, the FDA has publicly noted that websites such as this which are an online workbook with the intent to aid patients in their recovery via education and support to their clinical team, will not be expected to be cleared through the medical device regulatory process.