Terms of Service

Terms of Service  

Effective Date: January 7, 2024  

Welcome to American TMS Clinics, a premier provider of Transcranial Magnetic Stimulation (TMS) therapy. American TMS Clinics operates as a DBA (Doing Business As) of Scottsdale TMS Clinic LLC. This Terms of Service document (ToS) comprehensively defines the legal relationship between you (referred to as “User,” “you,” or “your”) and Scottsdale TMS Clinic LLC, hereinafter referred to as “American TMS Clinics,” “Clinic,” “we,” “us,” or “our.” 

Throughout this document, any reference to “American TMS Clinics” includes not only the services, commitments, and responsibilities of Scottsdale TMS Clinic LLC under its DBA designation but also extends to its subsidiary companies and various clinic locations. This expansion clarifies that the legal and operational aspects of all entities under the umbrella of American TMS Clinics, including its subsidiaries and other operational locations, are integrally connected with and governed by the policies and regulations of Scottsdale TMS Clinic LLC. 

Our network of clinics, encompassing both direct locations and those operated by subsidiary entities, is committed to providing consistent, high-quality TMS therapy and related services. The standards, policies, and procedures detailed in this ToS are applicable across all these entities, ensuring a unified approach to patient care, service quality, data handling, and legal compliance. 

By engaging with any of the American TMS Clinics, whether directly or through our subsidiaries and various locations, you acknowledge and agree to the terms outlined in this document, which are designed to ensure the best possible experience and care under the American TMS Clinics brand. 

Transcranial Magnetic Stimulation (TMS) is a non-invasive treatment method that uses magnetic fields to stimulate nerve cells in the brain. It’s primarily used for treating Major Depressive Disorder and certain other conditions as approved by the FDA. TMS therapy involves a series of treatment sessions where a magnetic coil is placed near the head to deliver magnetic pulses. It’s considered a safe and effective alternative or supplement to traditional treatment methods for certain mental health conditions. Understanding this treatment’s nature and potential benefits is crucial before undergoing TMS therapy at our clinics. 

Acceptance of Terms:  

Your engagement with American TMS Clinics, across various interactions, signifies your acceptance of these ToS. Non-agreement with these terms requires abstention from using our services.  

1. Detailed Acceptance via Interaction Types: 

1.1 Content Interaction: Your engagement with our digital platforms, including the American TMS Clinics website, educational materials, and social media channels, constitutes your explicit acceptance of these Terms of Service. Each interaction, whether reading, commenting, or sharing content, is understood as your acknowledgment of and consent to these terms. 

1.2 Payments and Transactions: When you engage in financial transactions with American TMS Clinics, such as making payments for treatments or consultation fees, you are agreeing to these terms. This includes understanding and accepting our billing practices, fee structures, and financial policies. 

1.3 Data Submission and Sharing: Submitting medical data or sharing treatment experiences implies your consent to our data handling practices, as detailed in these Terms and our Privacy Policy. This consent encompasses the use of your data to enhance treatment effectiveness and service quality. 

1.4 Updates and Feedback: Actively updating your information or providing feedback on our services signifies ongoing consent to these Terms. Your feedback is vital for ensuring compliance, marketing accuracy, and service enhancement. 

1.5 Marketing and Educational Content: Interacting with our marketing and educational materials about TMS therapy, regardless of its FDA approval status, is considered your informed consent. Our content is intended for educational purposes and should not be viewed as promotional or as a substitute for medical advice. 

1.6 Professional Services Consultation: Seeking and receiving advice from our medical professionals about TMS treatments, including both FDA-approved and off-label uses, is an acknowledgment of our expertise and your agreement to these Terms. 

2. FDA Approval, Compliance, and Research: 

2.1 FDA-Approved Treatments: Our adherence to FDA guidelines for TMS treatments is unwavering. This includes uses for Major Depressive Disorder and other FDA-approved conditions. We ensure that all our communications and representations about these treatments are aligned with approved standards. This commitment extends to continually updating our practices in line with any new FDA approvals or advisories, guaranteeing that our treatments and communications are always compliant with current regulations.  

2.2 Off-Label Use and Research: At American TMS Clinics, we recognize the importance of ongoing research in the medical field. Our presentation of information regarding off-label uses of TMS is strictly for educational purposes. This is a testament to our commitment to staying at the forefront of scientific research and development in TMS therapy. We aim to provide a comprehensive view of the potential applications of TMS, always grounded in current scientific research. This approach is intended to inform and educate, not to serve as a marketing tool.  

2.3 Feedback and Oversight on Compliance: At American TMS Clinics, we are committed to providing accurate, compliant, and up-to-date information about our TMS treatments and related research. We continuously train our staff to create content that aligns with medical regulations and ethical standards. However, we understand that there may be occasions where content might be perceived as non-compliant or potentially overstated. In such instances, we encourage our users and stakeholders to provide feedback. This feedback loop is an integral part of our compliance oversight. Upon receiving any concerns, we pledge to promptly review the content in question and take appropriate corrective actions, if necessary. This process is part of our ongoing effort to maintain the highest standards of integrity and compliance in all our communications and services.  

Please send your concerns or feedback to [info@americantmsclinics.com]. Our dedicated team will review your message and respond appropriately. We are committed to listening to our community and continually improving our services and communications. 

Upon receiving any feedback or concerns, we will take swift action to review and, if necessary, correct any issues to ensure our ongoing commitment to integrity, compliance, and the highest standards of service at American TMS Clinics. 

3. Use of American TMS Clinics Services: 

3.1 Website User Eligibility: Access to and use of the American TMS Clinics website is available to all users who can legally form binding contracts under applicable law. If you are under the age of 18, you may use the American TMS Clinics website only with the involvement and consent of a parent or guardian. 

3.2 Purpose and Limitations of Website Content: The American TMS Clinics website is designed to provide information about TMS therapy and our clinic locations, including those operated by our subsidiary companies. This information is for educational and promotional purposes only and should not be considered medical advice. Users are encouraged to consult directly with medical professionals for individual medical consultations or inquiries regarding TMS treatment at any of our locations, including subsidiaries. 

3.3 Prohibited Activities Across All Entities: Users agree not to use the website or any subsidiary sites in any way that is unlawful, or harms American TMS Clinics, its subsidiaries, service providers, suppliers, or any other user. Users must not attempt to gain unauthorized access to any part of the website, subsidiary sites, or to any service, account, network, or system connected to these sites. 

4. Privacy and Data Collection: 

4.1 Commitment to Privacy: Our Privacy Policy, accessible at [link to Privacy Policy], details our firm commitment to protecting your personal and medical data. We take stringent measures to ensure the confidentiality and security of your information, adhering to the highest standards of privacy as mandated by law and ethical medical practice.  

4.2 Consent for Data Use: By using the services of American TMS Clinics, you explicitly consent to the collection, processing, and use of your personal and health data. This data collection is essential for enhancing the functionality and effectiveness of our services, tailoring treatments to individual needs, and ensuring the highest quality of care. Your data will be handled in accordance with our Privacy Policy and relevant privacy laws.  

5. Health Information, Services, and Liability: 

5.1 Enhanced Health Data Handling: We prioritize the confidentiality and security of your health information. Our robust privacy policies govern the handling of health data, ensuring it is used exclusively for enhancing your treatment experience. This includes tailoring TMS therapy to meet your specific health needs and monitoring your progress, all while complying with applicable laws and regulations.  

5.2 Expanded Responsibility in Treatment: American TMS Clinics’ TMS treatments are intended to complement, not replace, traditional medical advice and treatment. We urge users to maintain ongoing consultations with their primary care providers and specialists. Our TMS therapy is one aspect of a comprehensive health management strategy.  

5.3 Comprehensive Limitation of Liability: Our liability regarding TMS services is limited to the fullest extent permitted by law. We disclaim all warranties, expressed or implied, emphasizing that our services are provided “as is” and “as available,” without any guarantee of specific results. This limitation covers all service aspects, including technology use, treatment efficacy, and staff-provided information and advice.  

5.4 Advisory Notice: We advise users to seek immediate medical attention for health emergencies. American TMS Clinics does not provide emergency medical services, and TMS therapy is not suitable for urgent health care needs.  

For any concerns or queries related to health information handling, treatment responsibilities, or our limitations of liability, please contact us at [info@americantmsclinics.com].  

6. Termination and Modification of Services:

6.1 Circumstances for Changes: 

• Service Changes: The Clinic reserves the right to modify, suspend, or terminate its health services or a user’s access to these services due to various factors. These include, but are not limited to, clinic maintenance, operational updates, changes in healthcare regulations, safety concerns, or other significant operational necessities. 
• Security and Integrity: Actions by users that threaten the integrity, safety, or security of the Clinic, its staff, or other patients, may result in immediate termination of services. 

6.2 User Rights in Termination: 

• No Refund Policy: In the event of termination or suspension of services, users are not entitled to any refund or credit for services prepaid but not rendered. This policy is in line with the nature of healthcare services, which may depend on various uncontrollable factors. 
• Settlement of Outstanding Balances: Any outstanding balances for services already rendered must be settled by the user as per the agreed terms. 

6.3 User Notification: 

• Communication Method: Users will be notified of significant changes to the services, including suspension or termination, through their registered contact information or via direct communication during their visit to the clinic. 
• Advance Notice: Where possible, the Clinic will attempt to provide advance notice of significant service changes. However, in certain situations, such as emergencies or immediate healthcare compliance issues, advance notice may not be possible. 

7. Intellectual Property Rights: 

7.1 Extent of Ownership: The Clinic retains ownership of all intellectual property related to our services. This includes all content published on our platforms, such as texts, images, logos, software, and proprietary methodologies. These materials are protected by intellectual property laws and international treaties.  

7.2 User Use Limitations: Users are granted a limited license to access and use these materials for personal, non-commercial purposes. Restrictions include prohibitions on copying, redistributing, modifying, or creating derivative works from any Clinic materials without explicit written permission.  

7.3 Prohibited Actions: Users must not engage in actions that infringe upon or violate the Clinic’s intellectual property rights. This includes unauthorized use, copying, distribution, or creation of derivative works. Users must also avoid any misrepresentation or misleading use of the Clinic’s materials that could harm the Clinic’s reputation or brand integrity.  

 

8. Governing Law, Jurisdiction, and Dispute Resolution

8.1 Applicable Law: 

• Jurisdiction and Choice of Law: These Terms of Service and any related disputes are governed by the laws of the State of Arizona. This choice ensures consistent legal interpretations, irrespective of the user’s location. 
• Exclusion of Conflict of Laws: These Terms will be interpreted solely under Arizona law, disregarding any conflict of law principles. 

8.2 Dispute Resolution: 

• Mandatory Arbitration: Disputes or claims related to these Terms will be resolved exclusively by binding arbitration, not in court. 
• Arbitration Process and Rules: Arbitration will be conducted by a neutral arbitrator following the American Arbitration Association’s (AAA) Commercial Arbitration Rules, with specific attention to medical services dispute resolution. 
• Location of Arbitration: Arbitration proceedings will occur in Maricopa County, Arizona. 
• Limited Court Involvement: Courts may enforce the arbitrator’s award, but involvement is limited to this capacity. Parties waive rights to a jury trial or class action participation. 
• Confidentiality: Arbitration proceedings and awards are confidential, barring necessary disclosures for legal right protection or as required by law. 

8.3 Making a Dispute Known: 

• Notice Requirement: Disputes must be preceded by a written Notice of Dispute, describing the claim and the relief sought. 
• Response and Dialogue: After receiving the Notice of Dispute, parties will attempt resolution through negotiations within 30 days before proceeding to arbitration. 

8.4 Arbitration Details and Restrictions: 

• 8.4.1 Limitation on Arbitrator’s Authority: Arbitrators cannot award punitive damages, and parties waive any right to seek such damages. 
• 8.4.2 Individual Basis Arbitration: Arbitration is limited to individual claims, prohibiting class arbitration or representative proceedings. 

• 8.4.3 Confidentiality of Arbitration: Arbitration details remain confidential, except for necessary legal disclosures. 
• 8.4.4 Severability of Arbitration Terms: If any part of the arbitration section is invalid or unenforceable, it doesn’t affect the validity of the remainder. 
• 8.4.5 Jury Trial Waiver: In court proceedings, parties waive any right to a jury trial. 
• 8.4.6 Survival of Arbitration Agreement: The arbitration agreement persists beyond any termination of service agreements, ensuring resolution of pre-termination disputes. 

9. No Guarantee of Results:

• Expectation Management: American TMS Clinics does not guarantee specific results from the use of its services. The effectiveness of TMS therapy can vary based on individual health conditions and other factors. 

10. Purchase Terms:

• Payment Terms: Detailed terms regarding the purchase of services, including payment methods, billing cycles, and any applicable fees or charges. 
• Refund Policy: Information on the Clinic’s policies regarding refunds or credits for services purchased but not rendered. 

11. Limitation of Liability for American TMS Clinics:

11.1 Monetary Cap on Liability: 

• Maximum Liability: The total liability of American TMS Clinics, its subsidiaries, affiliates, officers, directors, agents, employees, and suppliers for any claims related to these Terms will be limited. The maximum liability is capped at the greater of (i) the actual amount paid to American TMS Clinics for services or products in the six (6) months preceding the claim, or (ii) fifty dollars ($50). This increased cap reflects the nature of healthcare services and the investment users typically make in such services. 

11.2 Comprehensive Scope of Liability Limitations: 

• Non-Excludable Liabilities: This limitation does not apply to liabilities that cannot be excluded or limited under applicable law, including but not limited to gross negligence, willful misconduct, or any other liabilities where limitation is prohibited by healthcare regulatory laws. 
• Cumulative Liability: The limitation is cumulative, covering the total of all claims, not calculated on a per-incident basis. 

11.3 Broad Exclusion of Certain Types of Damages: 

• Excluded Damages: American TMS Clinics will not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes damages for lost revenue, lost profits, loss of data, or any other indirect losses, even if such losses are foreseeable, and regardless of whether the claim arises in contract, tort, or any other legal theory. 
• Specific Healthcare Exclusions: The exclusion also encompasses damages or losses related to treatment outcomes, personal injury, unauthorized access to or disclosure of personal data, and any other liabilities typically associated with healthcare services. 

11.4 Treatment Efficacy and Medical Outcome Disclaimer: 

• No Guarantee on Medical Outcomes: American TMS Clinics does not guarantee specific medical outcomes from its TMS treatments. Treatment efficacy can vary based on individual patient conditions and other factors. Users are advised that medical treatments inherently carry risks and that they should discuss these with their healthcare providers. 

12. Time Limit for Claims:

• Claim Initiation: Any cause of action or claim arising out of or related to these Terms of Service or the services must be commenced within one (1) year after the cause of action accrues; otherwise, it is permanently barred. 

13. No Class Actions:

• Individual Basis: Users agree to bring claims against American TMS Clinics only on an individual basis and not as a plaintiff or class member in any class or representative action or proceeding. 
• Waiver of Class Actions: Users waive the right to initiate class action and/or collective action procedures. 
• Relief Limitation: Relief awarded in disputes will be individual-based and limited to the necessities of the party’s individual claim(s). 

14. Severability of Terms:

14.1 Basic Severability: 

• Provision Replacement: If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable in any jurisdiction, such provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent to the greatest extent possible. 
• Effect on Remaining Provisions: If modification is not possible, the invalid or unenforceable provision will be severed from these Terms. The remaining provisions will continue in full force and effect, ensuring the Terms as a whole remain operational and enforceable. 

14.2 Advanced Severability: 

• Contextual Application: In the event of the severability of any provision, the Terms will be interpreted as if such invalid, illegal, or unenforceable provision had never been contained herein, but only within the jurisdiction in which it is invalid, illegal, or unenforceable. 
• Jurisdictional Considerations: The invalidity or unenforceability of any provision in a particular jurisdiction will not affect the validity or enforceability of that provision in any other jurisdiction, nor the validity or enforceability of the remaining provisions in any jurisdiction. 

15. Compliance with Healthcare Laws:

15.1 Adherence to Regulations: 

• Regulatory Compliance: American TMS Clinics commits to operating in strict compliance with all applicable healthcare laws and regulations, including but not limited to those related to patient privacy, medical record keeping, and treatment protocols. 
• Updates and Amendments: We regularly review and update our practices to ensure ongoing compliance with evolving healthcare laws and standards. 

15.2 Patient Rights and Responsibilities: 

• Informed Consent: Prior to receiving treatment, patients will be provided with clear and comprehensive information regarding the nature, benefits, and risks of TMS therapy, ensuring informed consent is obtained. 
• Patient Privacy: We adhere to stringent standards for maintaining patient confidentiality and privacy, consistent with HIPAA and other relevant privacy laws. 

16. No Unlawful or Prohibited Use:

16.1 User Conduct: 

• Prohibited Activities: Users agree not to use American TMS Clinics’ services for any purpose that is unlawful or prohibited by these Terms. This includes, but is not limited to, engaging in conduct that could damage, disable, overburden, or impair any Clinic server, or the network(s) connected to any Clinic server, or interfere with any other party’s use and enjoyment of any services provided by American TMS Clinics. 

16.2 Reporting Unlawful Activity: 

• Notification of Misuse: Users are encouraged to report any unlawful or prohibited use of the services to American TMS Clinics. We will take appropriate action, which may include terminating the user’s access to our services. 

17. Changes to Terms of Service:

17.1 Amendment of Terms: 

• Right to Amend: American TMS Clinics reserves the right to amend these Terms of Service at any time. All amendments will be effective immediately upon posting the updated Terms on our website or upon direct communication to users. 
• User Acknowledgment: Continued use of the services following the posting of changes will mean that the user accepts and agrees to the changes. 

18. Risk Acknowledgment and Informed Consent:

18.1 Acknowledgment of Risks: Users acknowledge the inherent risks and potential side effects of TMS therapy, such as discomfort, headache, or lightheadedness. Users understand these risks and consent to undergo TMS therapy informed of its nature and potential effects. 

18.2 Consent to Treatment: Users provide their voluntary consent for TMS treatment, acknowledging their understanding of its benefits and risks. Consent is subject to periodic review, and users have the right to withdraw consent at any stage. 

19. Indemnification and User Liability:

19.1 Scope of Indemnification: Users agree to indemnify, defend, and hold harmless American TMS Clinics, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service, misuse of the services, or any activity related to the user’s account (including negligent or wrongful conduct) by the user or any other person accessing the services using the user’s account. 

19.2 Defense and Control of Claims: In the event of a claim requiring indemnification, American TMS Clinics retains the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user. The user agrees to cooperate fully with American TMS Clinics in asserting any available defenses. Any settlement requiring the user to fulfill an obligation, whether financial or otherwise, must receive prior written consent from American TMS Clinics, which shall not be unreasonably withheld. 

19.3 Notification of Claims: Users must promptly notify American TMS Clinics of any claim or legal proceeding that arises or is likely to arise in connection with their use of the services. This prompt notification is crucial for American TMS Clinics to seek appropriate legal advice and prepare an adequate defense. 

19.4 Ongoing Obligation: This indemnification obligation will survive the termination or expiration of these Terms of Service and the user’s use of American TMS Clinics’ services. It represents an ongoing commitment to bear responsibility for actions taken while these Terms were in effect. 

19.5 Limitation on Indemnification: The indemnification obligation does not extend to losses, liabilities, costs, or damages arising as a result of American TMS Clinics’ own negligence, willful misconduct, or breach of these Terms. 

20. Third-Party Links and Services

20.1 External Links Disclaimer: 

• Content Disclaimer: We are not responsible for the content on external websites linked from our platforms. This includes any misrepresentation of American TMS Clinics’ services, FDA compliance, or marketing practices on these sites. 
• User Discretion Advised: Exercise caution and review the external sites’ terms and privacy policies. We do not control or endorse their representations of our services or compliance. 

20.2 Liability for Third-Party Representations: 

• No Endorsement: We do not endorse third-party representations of our services, particularly regarding FDA compliance and marketing. 
• No Responsibility: We are not responsible for any inaccuracies or misrepresentations of American TMS Clinics on external platforms. 

20.3 User’s Risk and Judgment: 

• User’s Responsibility: Interaction with external links is at your own risk. We advise using discretion when relying on information from these sites. 
• Dynamic Internet Nature: The evolving nature of the internet means we cannot ensure the ongoing accuracy or reliability of external content. 

20.4 Compliance and Marketing Clarification: 

• External Compliance Claims: We do not verify or confirm compliance or marketing claims made by third-party websites about our services. 
• User Verification Encouraged: Users should independently verify information regarding our services and compliance status on third-party websites. 

21. User-Generated Content

21.1 Content Responsibility: Users may have opportunities to post reviews, comments, or other content on our platforms. Users are solely responsible for the content they post; it must not infringe on any intellectual property rights, be unlawfully discriminatory, defamatory, obscene, or otherwise objectionable. 

21.2 Rights to Remove or Edit: American TMS Clinics reserves the right to remove or edit such content but does not regularly review posted content. By posting content, users grant us a non-exclusive, royalty-free right to use, reproduce, modify, publish, and display such content in any media. 

22. Data Breach Notification Procedure

22.1 Commitment to Data Security: We are committed to protecting your personal and health data. In the unlikely event of a data breach, we will take immediate steps to minimize harm and inform affected individuals in accordance with applicable laws and regulations. 

22.2 Notification Process: Should any data breach occur, we will notify users via email or prominent notice on our website, detailing the nature of the breach, the data involved, the likely consequences, and the measures we are taking to address it. 

23. Adaptation to Regulatory or Clinical Guideline Updates

23.1 Dynamic Healthcare Environment: We acknowledge that healthcare laws, regulations, and clinical guidelines are subject to change. Our practices, policies, and services will be reviewed and updated regularly to comply with these changes. 

23.2 User Understanding and Feedback: While we endeavor to maintain up-to-date practices, we appreciate our users’ understanding that changes in regulations and guidelines can occur. We value your feedback regarding our services, especially in light of such changes, and encourage you to contact us with any concerns or suggestions at [support@americantmsclinics.com]. 

 

24. Insurance and Billing Policies:

24.1 Insurance Coverage: Users understand that American TMS Clinics may accept certain health insurance plans. Coverage for TMS therapy varies by insurer and individual policy. Users are responsible for verifying their insurance coverage and understanding their policy benefits. 

24.2 User Responsibility for Payment: In cases where insurance does not cover the full cost of treatment, or if users are uninsured, they are responsible for the payment of services rendered. This includes any copayments, coinsurance, deductibles, or other charges not covered by insurance. 

24.3 Billing Procedures: American TMS Clinics follows standard billing practices for healthcare services. Users will receive statements for services provided, which will detail charges and payments. Users agree to provide accurate and up-to-date billing information. 

24.4 Insurance Authorization and Claims: American TMS Clinics will assist in obtaining necessary authorizations from insurance providers when required. However, obtaining authorization is not a guarantee of payment by the insurer. Users remain responsible for charges not covered by insurance. 

24.5 Disputes with Insurance: In case of disputes with insurance providers regarding coverage, users agree to cooperate with American TMS Clinics in resolving these disputes. However, the ultimate responsibility for payment rests with the user. 

25. Modifications and Interruptions to Services:

25.1 Right to Modify: American TMS Clinics reserves the right to modify or discontinue services without notice. The Clinic is not liable to users or third parties for any modification or discontinuation of services. 

25.2 Service Interruptions: Users acknowledge that temporary service interruptions may occur. American TMS Clinics is not liable for losses or inconveniences caused by such interruptions. 

26. User Feedback and Suggestions:

26.1 Encouragement of Feedback: Users are encouraged to provide feedback. By submitting feedback, users grant American TMS Clinics a non-exclusive, perpetual, irrevocable license to use their suggestions. 

27. Entire Agreement:

27.1 Agreement Supersedes Previous Arrangements: This Agreement constitutes the entire agreement between the user and American TMS Clinics, superseding all prior understandings related to its subject matter. 

27.2 No Reliance: Users confirm that they are not relying on any statement, representation, or understanding not explicitly set forth in these Terms. 

(602) 922-0960