Terms and Conditions for Patient Use:

Welcome to www.tmsworkbook.com
1. These terms set out your rights and obligations as a Patient User of www.tmsworkbook.com (the Website) which is owned by NeuroScience and TMS treatment Center (NSTMS).
a. Before using the Website please review these terms carefully and do not use the Website if you do not agree with the terms which explains how NSTMS collects, uses and discloses your personal information available in the Transparency Policy. You should read before agreeing to these terms.
b. The Website is HIPPA compliant and protects identifiable patient and clinician information.
c. 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. In particular, situations may require a therapeutic response not included in this program. For this reason and because human and mechanical errors can occur, the authors recommend that readers (both clinicians and patients alike) follow the advice of the physician(s) directly involved in your care.
d. This program is published by the Neuroscience and TMS Treatment Center and represents the findings, conclusions, and views of the individual authors and does not necessarily represent the policies and opinions of the Neuroscience and TMS Treatment Center.
1. How to contact us:
a. If you need technical assistance you can always contact us, by emailing us support@tmsworkbook.com or XXXXXXXX between 9am - 4pm CDT Monday to Friday (excluding US holidays).
b. Contact information: NeuroScience and TMS Treatment Center, 2125 Belcourt Avenue, Nashville, TN 37212, Phone: XXXXXXXX; Fax: 615-269-0525; Email: support@tmsworkbook.com
2. Acknowledgments and Acceptance
a. The Website provides an internet-based service owned by NSTMS and operated by Pratt Web Solutions ("we", "our" or "us"). "You" or "your" refers to a patient user of the Website.
b. If you do not agree with any of these terms, do not use the Website.
c. We may alter these terms after providing you reasonable notice of the proposed alterations. Your continued use after any change indicates your acceptance of that alteration.
d. You agree by accessing the Website, you are offering to enter into an agreement with us on these terms of service.
e. We will not be responsible for any delay in activation of use of website.
f. We have the sole discretion to deactivate the lost user codes and to dispatch replacement user codes.
g. You agree and accept that non-identifiable patient data will be aggregated to identify the patient outcomes of utilizing this Website.
3. License, Permitted Use and Restrictions on Use
a. We grant to you a non-exclusive, non-transferrable license to use the Website and for you to refer others to our Website.
b. You must ensure that the Website is protected from unauthorized access by third parties at all times.
c. 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 allow your clinicians or technicians to assist you with the Website.
d. You may not, in any form, or by any means:
i. use the Website or its contents, except for your personal use or with use with your clinical team;
ii. copy, reproduce, store, transmit, publish, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise create derivate 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 NSTMS.
e. We reserve the right to update and change the Website from time to time.
4. Your Obligations and Clinical Responsibility
a. In consideration of your agreement to these terms of service, the Website may be used (at your election) by your or your clinical team while you are present in their office.
b. You must rely upon your clinical team’s own investigations as to whether the Website will meet your needs.
c. You must agree to the terms and conditions in the Terms of Service in order to apply for access to the website.
d. You must agree for email and text communication from the Website to your clinical team.
e. You will be solely responsible for text charges from your phone carrier if they are incurred.
f. You must provide an email and password to register.
g. You must include an emergency contact number.
h. You must include a clinician’s email, phone, address.
i. As your application will be reviewed for appropriateness, and if you are not felt to be appropriate for the website, your clinical team will help you select a more appropriate program for your care.
i. Your clinician (prescriber of TMS):
i. must approve your use of this website program;
ii. must accept clinical responsibility for assessing your participation in the Website program;
iii. must continue clinical responsibility for your care;
iv. must remain professionally responsible for your overall health and welfare.
j. There are two means to access the program:
i. Your clinician can approve your use and accept responsibility for your care and give you an access code for the website.
ii. You may register and we will email, or otherwise communicate with your clinician to see if he/she will accept responsibility for your care while using the Website. Once your clinician (prescriber of TMS) has completed the approval and acceptance of your participation, you will be provided an email with a link for you to have access to the website program.
k. You and your clinical team will be informed of your progress through the Website, in particular your standardized scores or any risk concerns which you may identify.
l. You are responsible for all unauthorized usage that occurs on your account or via the access codes given you and you must:
i. promptly notify us if there is any unauthorized usage of your account or the access codes sent to you;
ii. maintain and update the information supplied by you to us to ensure it is accurate at all times; and
iii. only have one active account, whether this is by use of name, email address or an alias.
5. Intellectual Property Rights
a. All rights (including intellectual property rights such as copyright and trade mark) now existing or in future arising in the Website and its content is owned by or licensed to NSTMS.
b. Copyright is held by  2017 The Neuroscience and TMS Treatment Center
c. You do not obtain any rights in the Website other than the user rights granted in this agreement.
6. Disclaimer and Limitation of Liability
a. Subject to clause 7.3:
i. We do not promise that the Website can be used without interruption or will be virus free;
ii. 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.
iii. We may impose additional rules or limits on the use of our website. You agree to review the Terms of Service regularly and your continued access or use of our website will mean that you agree to any changes.
iv. 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.
v. we are not responsible for your loss arising out of or referable to:techini
1. materials on the Website;
2. factors which can reasonably be considered to be outside our control, such as faults in third party equipment;
3. loss of data;
4. loss of income, loss of actual or anticipated profits, loss of business, loss of reputation, or
5. loss caused by you acting negligently or in breach of these terms.
6. 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.
vi. Although, our intent is to help standardize care and to help others 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.
vii. This information on this website is being provided for educational and informational purposes only. It is being provided to educate about TMS and services which could aid your recovery, as a self-help tool for use with your treatment team. Using this workbook does not constitute a therapeutic relationship. This information is to be used at your own risk based on your own judgment.
b. You may have rights under other laws in the form which cannot be excluded. To the extent permitted by law, NSTMS excludes all other conditions and warranties implied by custom, law or statute. For liability that cannot by law be excluded, NSTMS's liability is limited to:
i. resupplying or paying the cost of resupplying services; or
ii. repairing, replacing or paying the cost of repairing or replacing goods.
c. 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.
7. Indemnity
a. You irrevocably indemnify us being NSTMS and each of NSTMS's directors, officers and employees and the directors, officers 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.
8. Cancellations
a. By purchasing access to the Website via your physician/clinician or directly through the Website, you agree that access codes purchased cannot be refunded.
9. 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.
10. Survival
a. Upon the termination of this agreement, the clauses relating to intellectual property, disclaimer, limitation of liability and restrictions of use remain in force.
11. 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.

Terms and conditions for Clinician use:

Welcome to www.tmsworkbook.com

1. These terms set out your rights and obligations as a Clinician user of www.TMSworkbook.com (the Website) which is owned by NeuroScience and TMS treatment Center (NSTMS).
a. Before using the Website please review these terms carefully and do not use the Website if you do not agree with the terms which explains how NSTMS collects, uses and discloses your personal information available in the Transparency Policy. You should read before agreeing to these terms.
b. The Website is HIPPA compliant and protects identifiable patient and clinician information.
c. 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. In particular, situations may require a therapeutic response not included in this program. For this reason and because human and mechanical errors can occur, the authors recommend that readers (both clinicians and patients alike) follow the advice of the physician(s).
d. This program is published by the Neuroscience and TMS Treatment Center and represents the findings, conclusions, and views of the individual authors and does not necessarily represent the policies and opinions of the Neuroscience and TMS Treatment Center.
2. How to contact us:
a. If you need technical assistance you can always contact us, by emailing us, help@tmsworkbook.com between 9am-4pm CDT, Monday to Friday (excluding US holidays). Contact information: NeuroScience and TMS Treatment Center, 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 NSTMS 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 NSTMS or the TMSworkbook.com owners/operators.
b. If you do not agree with any of these terms, do not use the Website.
c. We may alter these terms after providing you reasonable notice of the proposed alterations. Your continued use of the website after any change indicates your acceptance of that alteration.
d. You agree 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.
e. You have agreed by placing an order for patient access codes to www.TMSworkbook.com. You are offering to enter into an agreement with us on these terms of service for the website.
f. 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.
g. You agree and accept these terms upon our confirming your acceptance for your patient’s care.
h. 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.
i. We will not be responsible for any delay in activation of use of website.
j. We have the sole discretion to deactivate the lost or misused user codes and to dispatch replacement user codes.
k. You agree and accept that non-identifiable patient data will be aggregated to identify the patient outcomes of utilizing this Website.
l. You agree to use of 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. 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.
m. 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.
n. 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.
o. You agree to promptly update your account and information.
p. You agree to promptly notify us if you inadvertently find content that you should not have access (patients who might errantly select you as a clinician).
q. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.
r. 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.
s. You agree and accept to review the Terms of Service regularly and your continued access or use of our website will mean that you agree to any changes.
t. 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.

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