TMSnearme.com logo

    Terms of Service

    Last updated May 11, 2026

    Effective Date: May 11, 2026 Last Updated: May 11, 2026

    These Terms of Service ("Terms") govern your access to and use of tmsnearme.com (the "Site") and the services we provide through the Site. By using the Site, you agree to these Terms. If you do not agree, do not use the Site.

    The Site is operated by Adrian Sinclair, a sole proprietor doing business as TMS Near Me, located at 7620 NE Roswell Road, Atlanta, GA 30328. References in these Terms to "we," "us," or "our" mean TMS Near Me. References to "you" mean the person using the Site, whether as a visitor or as a clinic owner.

    You must be at least 18 years old to use the Site. By using the Site, you confirm you are 18 or older.

    1. What the Site Is

    TMS Near Me is an online directory of clinics in the United States that provide transcranial magnetic stimulation (TMS) therapy and related mental health treatments. We allow visitors to search for clinics, view clinic profiles, and submit appointment requests. We allow clinic owners and authorized representatives to claim listings, manage listing information, and purchase featured placement.

    We are not a healthcare provider. We do not provide medical advice, diagnose conditions, prescribe treatments, or deliver care. Information on the Site is for general informational purposes only. Always consult a licensed medical professional regarding your health.

    Listings are not endorsements. Inclusion of a clinic in our directory is not a recommendation, certification, or guarantee of the clinic's quality, qualifications, licensure, or treatment outcomes. We do not independently verify clinic credentials, treatment quality, or claims made by clinics. You are responsible for evaluating any clinic before using its services.

    2. Use of the Site by Visitors

    If you use the Site to search for clinics or submit appointment requests, the following apply.

    Appointment requests are free. We do not charge visitors for submitting appointment requests.

    Information you submit is sent to the clinic you select. When you submit an appointment request, the information you provide (such as your name, contact information, and any details you choose to share) is sent to the clinic you selected. The clinic will use that information to contact you and may use it according to its own privacy practices.

    We do not guarantee a response from any clinic. We are not responsible for whether a clinic contacts you, when they contact you, what they offer, or what they charge.

    You agree to provide accurate information. Do not submit false or misleading information. Do not submit information about another person without their permission. Do not use the Site to harass clinics, send spam, or submit fraudulent requests.

    3. Clinic Owner Accounts and Paid Listings

    If you are a clinic owner, operator, or authorized representative and you create an account to claim or manage a clinic listing, the following apply.

    Authority to act for the clinic. By creating an account on behalf of a clinic, you represent that you are authorized by the clinic to do so. If you are not authorized, we may suspend or terminate the account.

    Listing accuracy. You are responsible for the accuracy of all information you submit about your clinic, including clinic name, address, phone number, hours, services offered, insurance accepted, and any descriptive content. We reserve the right to remove any listing that we determine contains false, misleading, or prohibited content.

    Account credentials. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at info@tmsnearme.com if you believe your account has been compromised.

    Paid Listing Tiers

    We offer the following paid listing tiers in addition to free listings:

    • Standard Featured tier: $49 per month or $490 per year
    • Premium Featured tier: $99 per month or $990 per year

    Features included in each tier are described on the Site at the time of purchase. We reserve the right to change tier features, pricing, or availability with reasonable notice to existing subscribers (no less than 30 days for material changes).

    Subscription and Auto-Renewal

    Your subscription will automatically renew. By purchasing a paid listing, you authorize us, through our payment processor Stripe, to charge your payment method on a recurring basis at the rate and interval you selected (monthly or annually) until you cancel. Each renewal will be charged at the then-current renewal rate.

    Renewal reminders. For monthly subscriptions, we will send a reminder by email at least 3 days before each renewal charge. For annual subscriptions, we will send a reminder by email at least 15 days before each renewal charge. Reminders will be sent to the email address on your account.

    How to cancel. You can cancel your subscription at any time by logging into your account dashboard or by emailing info@tmsnearme.com with "Cancel Subscription" in the subject line. Cancellation will take effect at the end of your current billing period. Your listing will retain its paid-tier features until the end of that period and will then revert to the free tier.

    No Refunds

    All sales are final. We do not offer refunds for any paid listing subscription, whether monthly or annual, in whole or in part, for any reason. This includes but is not limited to: changing your mind, discontinuing your practice, dissatisfaction with traffic or appointment volume, or partial use of a billing period.

    We may, at our sole discretion, offer courtesy refunds in exceptional circumstances. Any such refund is a one-time courtesy and does not entitle you to future refunds.

    If you cancel mid-period, you will not receive a refund for the remainder of that period; your listing will simply revert to the free tier at the end of the period.

    Failed Payments

    If a renewal charge fails, we will attempt to retry the charge over the next 7 days. If payment continues to fail, your listing will revert to the free tier and we may suspend or remove account features until payment is resolved.

    4. Prohibited Conduct

    You may not use the Site or any account to:

    • Submit false, misleading, or fraudulent information about a clinic, its services, its credentials, or its outcomes
    • Claim FDA approval, FDA clearance, or insurance coverage that the clinic does not actually have
    • Advertise services to treat conditions for which TMS is not FDA-approved or where the clinic does not have appropriate licensure
    • Submit information about a clinic without authorization from the clinic
    • Submit listings for clinics that do not have valid medical licensure or that are operating in violation of state or federal law
    • Impersonate any person or entity
    • Use the Site to harass, threaten, defame, or intimidate any person, clinic, or competitor
    • Use automated tools (bots, scrapers, crawlers) to extract data from the Site without our prior written permission
    • Interfere with, disrupt, or attempt to gain unauthorized access to the Site or its underlying systems
    • Use the Site for any unlawful purpose or in violation of any applicable federal, state, or local law
    • Submit content that infringes any third party's intellectual property, privacy, or publicity rights
    • Submit malware, viruses, or other harmful code

    We reserve the right to remove any content, suspend or terminate any account, and refuse service to any user, at our sole discretion, for any violation of these Terms or for any other reason we deem appropriate.

    5. Listing Removal and Account Termination

    We may remove a listing or terminate an account if we determine, in our sole discretion, that:

    • The listing contains false, misleading, or prohibited content
    • The clinic has lost its medical licensure or is no longer operating lawfully
    • The account holder has violated these Terms
    • We are required to do so by law, court order, or regulatory action
    • We receive a credible complaint from a patient, regulator, or third party
    • The clinic has ceased operating

    For paid listings, removal under this section does not entitle you to a refund. If you believe your listing was removed in error, contact info@tmsnearme.com.

    6. Intellectual Property

    Our content. The Site, including its design, code, layout, graphics, logos, and the compilation of clinic listings, is owned by us or our licensors and is protected by U.S. and international intellectual property law. You may not copy, reproduce, modify, distribute, or create derivative works from the Site without our prior written permission.

    Your content. If you submit content to the Site (such as clinic descriptions, photos, or listing information), you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, display, and distribute that content in connection with operating the Site. You represent that you have the right to grant this license and that your content does not infringe any third party's rights.

    Clinic names, logos, and trademarks referenced in directory listings remain the property of their respective owners and are used here for identification purposes only.

    The Site contains links to third-party websites and services, including clinic websites and payment processing through Stripe. We are not responsible for the content, policies, or practices of any third-party site or service. Your use of any third-party site or service is at your own risk and is governed by that third party's terms.

    8. Disclaimers

    THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

    • Warranties of merchantability, fitness for a particular purpose, and non-infringement
    • Warranties that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components
    • Warranties about the accuracy, completeness, reliability, or timeliness of any clinic listing, contact information, hours, insurance acceptance, or other content on the Site
    • Warranties about the qualifications, licensure, treatment quality, safety, or outcomes of any clinic listed on the Site
    • Warranties about whether any clinic will respond to your appointment request or provide any particular service

    We do not provide medical advice. Nothing on the Site is intended to be, or should be relied on as, medical advice, diagnosis, or treatment. Always seek the advice of a qualified licensed medical professional regarding any medical condition or treatment decision.

    9. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THESE TERMS.

    OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED U.S. DOLLARS ($100).

    This limitation applies regardless of the legal theory on which the claim is based, including contract, tort, negligence, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

    Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

    We are not liable for the actions of clinics. We are not responsible for any treatment, advice, services, billing, conduct, or outcomes from any clinic listed on the Site, even if you found the clinic through our directory.

    10. Indemnification

    You agree to defend, indemnify, and hold harmless TMS Near Me, Adrian Sinclair individually, and any of our affiliates, employees, agents, and contractors, from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or relating to:

    • Your use of the Site
    • Your violation of these Terms
    • Your violation of any law or third-party right
    • Any content you submit to the Site
    • Any clinic listing you submit, claim, or manage
    • Any dispute between you and a clinic or between you and another user

    11. Governing Law and Dispute Resolution

    These Terms are governed by the laws of the State of Georgia, without regard to its conflict of laws principles.

    Venue. Any lawsuit, claim, or dispute arising out of or relating to these Terms or the Site must be filed exclusively in the state or federal courts located in Fulton County, Georgia. You consent to the jurisdiction of those courts.

    No class actions. YOU AGREE TO BRING ANY CLAIM AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action against us.

    Time limit. Any claim arising out of or relating to these Terms or the Site must be filed within one year after the claim arose. Claims filed after that time are barred.

    If you believe content on the Site infringes your copyright, send a written notice to our designated agent containing:

    1. A physical or electronic signature of the copyright owner or authorized agent
    2. Identification of the copyrighted work claimed to be infringed
    3. Identification of the material claimed to be infringing and information sufficient to locate it
    4. Your contact information (address, phone, email)
    5. A statement that you have a good-faith belief that use of the material is not authorized
    6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner

    Send notices to:

    TMS Near Me Attn: DMCA Agent 7620 NE Roswell Road Atlanta, GA 30328 Email: info@tmsnearme.com

    We will respond to valid notices in accordance with the Digital Millennium Copyright Act.

    13. Modifications to These Terms

    We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date at the top and, where appropriate, provide additional notice (such as a banner on the Site or email to account holders). Continued use of the Site after a change indicates your acceptance of the updated Terms. If you do not agree to the updated Terms, stop using the Site.

    14. General Provisions

    Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Site.

    Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

    No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision.

    Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice.

    No agency. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and us.

    Force majeure. We are not liable for any failure or delay in performance caused by events outside our reasonable control (natural disasters, war, terrorism, pandemic, government action, internet or hosting outages, etc.).

    15. Contact

    For questions about these Terms:

    TMS Near Me 7620 NE Roswell Road Atlanta, GA 30328 Email: info@tmsnearme.com