Welcome to Train Your Brain: Your Record of Care with TMS, www.trainyourbrainworks.com

1. Terms of Use and Service:
   • These terms of use set out the rights and obligations as a user of Train Your Brain: Your Record of care with TMS, www.TMSworkbook.com or www.trainyourbrainworks.com (the website) which is owned by PCGH, and licensed for operation by Cromwell Medical LLC (the Company).
   • Before using the website please review these terms carefully and do not use the website if the user does not agree with the terms which explains how the Company collects, uses and discloses personal information available in the Transparency Policy and Privacy Policy.
   • The user should read these Terms of Use in their entirety before agreeing to these terms.
   • The user agrees and agrees to review the Terms of Use regularly and continued access or use of the website and its modules will mean that the user agrees to any changes.
2. How to contact us:
   • If the user needs technical assistance, one can always contact the Company, by emailing, help@tmsworkbook.com, between 9am-4pm CDT, Monday to Friday (excluding US holidays). Contact information:  Train Your Brain: Your Record of Care with TMS, 2125 Belcourt Avenue, Nashville, TN 37212, Phone: (615) 281-9800 | Fax (615) 369-3019 | email:  help@tmsworkbook.com
3. Acknowledgments and Acceptance:
   • The website provides an internet-based educational module service owned by the Company and operated by Pratt Web Solutions (collectively referred to as “the Company"). "User" refers to a user of the website. “The Company” refers to the www.TMSworkbook.com, www.trainyourbrainworks.com, owners, authors, or licensed operators.
   • If the user does not agree with any of these terms, do not use the website.
   • The Company may alter these terms of use. The users continued use after any change indicates acceptance of that alteration.
   • THE WEBSITE IS NOT FOR PURCHASE BY PERSONS UNDER THE AGE OF 18. A purchaser must be at least 18 years or older to purchase access to this website. A user must also be authorized by a legal adult parent or guardian who is at least 18 years or older to open an account (“Account”). The user purchasing and authorizing represents and warrants that purchaser is at least 18 years of age and that user has 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.
   • While TMS is approved for patients under age 18 in the United States, other countries may have different stipulations and laws.  If an authorized purchaser is attempting to access content for a user who is under age 18, the Company and its authors advise that the care team for the underage patient to make sure that the physician or prescribing clinician approves of this use.
   • The user must be a human or a human authorized representative of an entity. Accounts registered by ‘bots’ or other automated methods are not permitted.
   • By agreeing to the Terms, the user represents and warrants that the user is at least the age of majority in the City, State, Province or Country of the user's residence and that the user is legally capable of entering into a binding contract.
4. Electronic Notices
   • By using the website or providing personal information to the Company, the user agrees that the Company may communicate with the user electronically regarding security, privacy, and administrative issues relating to use of the website. If the Company learns of a security system’s breach, the Company may attempt to notify users electronically by posting a notice on the Site or sending an email. Users may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw consent from receiving electronic notice), please write to the Company at help@tmsworkbook.com.
5. Content:
   • The website is HIPAA compliant and protects identifiable patients.
   • 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 author and the Company recommend that users follow the advice of the physician, or prescribing clinician(s) on the care team.
   • This program was originally published by the author and employees and now licensed by Cromwell Medical Inc. The content represents the findings, conclusions, and views of the individual authors and does not necessarily represent the policies and opinions of the Cromwell Medical LLC.
   • 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 the Company do not provide medical advice, nor does it provide medical or diagnostic services. Transcranial Magnetic Stimulation (TMS) is an emerging neuromodulation field which has new information published, sometimes daily. The Company is 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.
6. Registration:
   • While registering, the user must provide the user’s legal full name, a valid email address, mobile number, and any other information requested in order to complete the purchase process.
   • User warrants that all information provided to the Company when registering an Account is true and accurate to the best of user’s knowledge and belief. Users must ensure the information in the user Account is updated regularly with any relevant changes.
   • The user is solely responsible for maintaining the security of Account login details and password. The user is responsible for all activities that occur under user Account and must notify the Company immediately of any unauthorized use. The Company cannot and will not be liable for any loss or damage from user failure to comply with this security obligation.
   • The Company reserves the right and absolute discretion to refuse to register an Account for any given prospective user.
   • Users may not use the website for any illegal or unauthorized purpose. Users must not, in the use of the website, violate any laws (including but not limited to copyright and privacy laws).
7. User Agreements
   • The User agrees that registration is for an individual person who has been prescribed Transcranial Magnetic Stimulation by clinicians who use the modules by registering and directly purchasing at www.tmsworkbook.com or www.trainyourbrainworks.com website.
   • that a user will not have access to the learning modules for more than a six-month period of time.
   • that a user will not provide access to another individual, clinic or entity
   • the user retains a right to decide whether to participate with the modules or not.
   • that the user may print and provide copies of worksheets, logs, informational sheets, assessments, goals, history questionnaires, and graphs for individual use only and to share with the person's care team (physician, clinician, technician, and other clinical team within the practice) for the purposes of assessing risks, and monitoring progress and outcomes
   • that the user is encouraged to discuss care with their care team.
   • The Company has the sole discretion to deactivate accounts, and deactivate misused custom codes and to dispatch replacement codes.
   • Access cannot be transferred or sold to another user.
8. General use of the website and its modules:
   • Users must ensure that access to the website modules is protected from unauthorized access by third parties at all times.
   • The Company will not be responsible for any delay in activation of the use of the website.
   • Users agree and accept that non-identifiable data will be aggregated to identify the number of users for individual modules and review feedback.
   • Users 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.
   • Users agree to not use this website to conduct any activity that would constitute a civil or criminal offence or violate any law.
   • Users agree not to attempt to interfere with the Company website network or security features or to gain unauthorized access to company systems.
   • Users agree to provide The Company with accurate personal information, such as user email address, mailing address, mobile phone, and other contact details in order to complete user order or contact the Company as needed. Users agree to promptly update user account and information when changes occur.
   • Users agree to promptly notify the Company if user inadvertently finds content that the user should not have access. (Patients might errantly enter a code associated with another clinic, and there are inherent risks of errors in coding which could allow access to other content).
   • Users authorize The Company to collect and use this information to contact user in accordance with our Privacy Policy.
   • Users agree and accept that the Company reserves 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. The Company may impose additional rules or limits on the use of the website.
   • Users agree that the Company will not be liable to user or any third party for any modification, suspension or discontinuance of our website or for any content, feature or product offered through the website.
9. Obligations and Responsibility:
   • All users are responsible for all unauthorized usage that occurs on their own user account or via the access codes given to the user and the user must: 1) promptly notify the Company if there is any unauthorized usage of the user account or the access sent to the user; 2) maintain and update the information supplied by user to the company 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.
   • users of the modules are not under the direct care of the Company nor the authors of the modules.
   • While the Company encourages users to work through all the modules, users are importantly advised that use of this workbook and its modules does not constitute medical care and the user should continue clinical contact with their prescribing physician or clinician and clinical team as it is their medical care which the patient needs to receive the best care with TMS.
   • While the Company and these modules inform patients of times and risks to report to their care team; this system is not without limitations; the user must maintain communication with a care team while receiving TMS for treatment.
   • The user accepts the relevant terms and conditions of the Terms of Use and Service to begin using the program.
   • The user may authorize email or text messages from The Company.
   • The user recognizes that utilizing the website can help educate and offer direction in the learning modules and can help a care team (the patient user, physician(s), prescribing clinician(s), and technician or operator) improve assessment medical history, baseline and ongoing risk factors, progress with TMS, and assessments when these items are shared with the care team.
   • The user has no obligation or responsibility to complete the workbook and in addition, the patient user has no obligation or responsibility to share any module information nor health information with their direct care team.
   • The Company and author would emphasize that not disclosing or even restricting information from a care team (physician or prescribing clinician) likely would lead to detrimental effects or less than ideal outcomes for the patient user.
10. Intellectual Property Rights
    • 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 The Company,
    • Copyright, 2014 to present.
    • Users do not obtain any rights in the website other than the user rights granted in this agreement.
    • License, Permitted Use and Restrictions on Use:
11. The Company grants to users a non-exclusive, non-transferable license to use the website and for education and to refer others to our website.
    • Users may not assign or grant a sublicense of or commercially exploit, grant a security interest over, or otherwise transfer, rights to use the website except as noted for a customized personalized platform.
    • No users may create nor assign a "Test Patient" or "Test account" for indefinite number of Users. If identified by the Company, such unauthorized use, by a user will be subject user to a charge of $299 per incident use. A prescriber office, clinic, or researcher seeking infinite use, may contact the Company to discuss a custom personalized platform specific for use.
    • The Company reserves the right to update and change the website without notice.
    • Users may not, in any form, or by any means, use the website or its contents, except for educational use.  A prescriber office, clinic, or researcher seeking an other use, may contact the Company to discuss a custom personalized platform specific for use.
    • Users may not, in any form, or by any means, copy, reproduce, store, transmit, publish, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise create derivative works themselves, or via artificial intelligence, from any part of the website or its content.
    • Users may not, in any form, or by any means, cause any of the website to be framed or embedded in another website.
    • Users may not, in any form, or by any means, commercialize any content, products, or services in the website other than to advertise to other patients via a custom personalized platform.
    • Users may not, in any form, or by any means, 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 the Company.
    • The websites, TMSworkbook.com, www.TrainYourBrainWorks.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. Users acknowledge and agree that the website and the Company exclusively own all rights, title and interest in and to www.TMSworkbook.com, www.TrainYourBrainWorks.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, no user may duplicate, copy, or reuse any portion of TMSWorkbook.com, www.TrainYourBrainWorks.com, the websites without express written permission from the Company.
    • Users 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.
    • Users must not modify, adapt or hack the website or modify another website so as to falsely imply that it is associated with the website, the Company, or any other Train Your Brain: Your Record of Care with TMS or TMSWorkbook or TrainYourBrainWorks service.
    • Nothing in these Terms of Use, the website (TMSWorkbook.com, TrainYourBrainWorks.com) or the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of website or workbook logos or trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the website trademarks will inure to our exclusive benefit.
    • 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 the Company.
    • Copyright, 2014 to present.
    • Users do not obtain any rights in the website other than the user rights granted in this agreement.
12. Indemnity:
    • Users irrevocably indemnify the Company, any of the Company officers and employees and the directors, and authors of Train the Brain: Your record of care with Transcranial Magnetic Stimulation (on whose behalf the Company accept this promise as their agent) against any liability, claim or proceeding that is made or commenced against the Company, 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 the user or as a result of the user’s use of the website.
13. Cancellations:
    • No cancellations or refunds are accepted after purchase.
    • Each user account will have expiration date. Users will have one calendar year from the purchase date to access content.
    • To extend use past one year, the user will need to repurchase a subscription again.
14. Termination/ Cancellation by the Company:
    • If the user fails to comply with a provision of these terms, and the failure can be remedied, the Company may send the user a notice electronically requiring the user to correct the failure.
    • If the user does not correct the failure within the time provided in the notice, or if the user failure cannot be remedied, the company may terminate user access to the website after sending the user seven (7) days' notice advising of the intended termination.
    • Upon termination by the Company by electronic or other written notice to user, the user must immediately cease to use the website.
    • Without limiting the operation of any other term, the company will not be held liable for loss or damage arising from the exercising of these rights.
    • There will be no refund of monies paid for access to the website for cancellation for cause.
15. Survival:
    • Upon the termination of this agreement, the clauses relating to intellectual property, disclaimer, limitation of liability and restrictions of use remain in force.
16. Applicable Law:
    • These terms are governed by and must be construed in accordance with USA, and state of Tennessee laws, and the user 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.
17. Special Notice for International Use:
    • Recognizing the global nature of the Internet, the user agrees to comply with all local rules regarding online conduct and acceptable content.
    • Specifically, the user agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the user resides.
    • If the user is using or visiting the Site from the European Union or other regions with laws governing data collection and use, then the user is agreeing to the transfer of user information to the United States and to processing globally.  No patient data is stored on the current version of the website nor on the Company servers.
    • By providing user information, the user consents to any transfer and processing in accordance with our Privacy Policy https://tmsworkbook.com/privacy-policy/, https://TrainYourBrainWorks.com/privacy-policy/,
18. Severability:
    • 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.
19. Headings:
    • Section titles in the Terms of Use and/or Terms of Service are for convenience and do not define, limit, or extend any provision of the Terms of Use and/or Terms of Service.
20. Disclaimer and Limitation of Liability
    • Nothing in the Terms of Use or Terms of Service will prevent the Company from complying with the law.
    • Although the Company’s intent is to help standardize care and to help patients get well, the Company cannot make promises that using this website or any learning modules will lead to response or remission with TMS. This website and TMS help many patients, but they cannot help all patients. A user patient’s Care Team including any Physicians, or Prescribing Clinicians, will help a patient user find something that helps.
    • A user’s use of the website is at the user’s sole risk. The website is provided on an ‘as is’ and ‘as available’ basis. The Company expressly disclaims all warranties, conditions and other terms of any kind, express, implied or statutory, relating to the website, www.TMSworkbook.com, www.trainyourbrainworks.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.
    • The user understands 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.
    • The Company does not warrant that the website will meet the user’s specific requirements.
    • The Company does not warrant that the website will be uninterrupted, timely, secure, error-free or virus free.
    • The Company does not warrant that the results that may be obtained from the use of the website will be accurate or reliable.
    • The Company does not warrant that the quality of any products, services, information, or other material purchased or obtained by the user through the website will meet the user’s expectations, and that any errors on the website will be corrected.
    • The Company does not warrant that the Find–a–Clinician or Find-a-TMS Office feature will guarantee referrals.
    • The Company does 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 physician, clinician and technician users have been given access to patient records for cross-coverage reasons.
    • The Company reserves 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.
    • The Company may impose additional rules or limits on the use of the website. The User agrees to review the Terms of Use regularly and continued access or use of the website will be the implicit agreement to any changes.
    • In the event of any security breach or suspected security breach of access or patient information, the company will be responsible for sending out any security breach notifications as may be required by the law. Nothing in this paragraph grants the Company, or the website or any patient, any rights to, or makes TMSWorkbook, Train Your Brain Works, Train Your Brain  or the Company, responsible for copies of records or data maintained in the system.
    • The User agrees that the Company will not be liable to the user or any third party for any modification, suspension or discontinuance of our website or for any content, feature or product offered through the website.
    • The Company is not responsible for user loss arising out of or referable to 1) materials on the website; 2) factors which can reasonably be considered to be outside the Company control, such as faults in third party equipment; 3) loss of data; 4) loss of income, (actual or anticipated profits), loss of business, loss of reputation, or 5) loss caused by the user acting negligently or in breach of these terms.
    • The Company is not responsible for links provided to other Internet sites are provided for user convenience and do not constitute endorsement of the information at those sites, or any associated person, organizations, product or service.
    • The user may have rights under other laws in the form which cannot be excluded. To the extent permitted by law, the Company excludes all other conditions and warranties implied by custom, law or statute. For liability that cannot by law be excluded, The Company's liability is limited to: 1) resupplying or paying the cost of resupplying access codes which are defective; or 2) any products that The Company sells or otherwise provides to user through the website, will be provided on the terms notified to users 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.

In March 2019, the FDA publicly noted that websites such as this which have the intent to aid patients in their recovery via education and support, will not be expected to be cleared through the medical device regulatory process.