TERMS AND CONDITIONS
Last updated: May 4, 2026
AGREEMENT TO OUR LEGAL TERMS
We are TREATMENT MANAGEMENT SERVICES & WELLNESS PLLC / TMS WELLNESS,
("Company," "we," "us," "our"), a company registered in North Carolina, United States at 6135
Park South Dr Ste 510, Charlotte, NC 28210
We operate the website (www.seymourpsychiatry.com) (the "Site"), as well as any other related
products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the
"Services").
TREATMENT MANAGEMENT SERVICES & WELLNESS PLLC / TMS WELLNESS, (“we,”
“us,” or “our”) operates this website for general informational and marketing purposes only. The
content provided is not medical advice and should not be relied upon as a substitute for
professional clinical care. Users may browse the website to learn more about our services,
access free educational materials, and submit an expression of interest by joining a waitlist.
Joining the waitlist or using this website does not establish a provider-patient relationship. While
no clinical services or payments are processed directly through this website, users may be
directed to book appointments through embedded links to our HIPAA-compliant electronic health
records (EHR) platform, Simple Practice, when available. Any services rendered or payments
collected are managed separately through that platform. We are not responsible for the
functionality, security, or privacy practices of any external platforms linked from this site.
You can contact us by email at contact@seymourpsychiatry.com or by mail to 6135 Park South
Dr Ste 510, Charlotte, NC 28210
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and TREATMENT MANAGEMENT SERVICES &
WELLNESS PLLC / TMS WELLNESS, , concerning your access to and use of the Services.
You agree that by accessing the Services, you have read, understood, and agreed to be bound
by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using.
The modified Legal Terms will become effective upon posting or notifying you by
contact@seymourpsychiatry.com, as stated in the email message. By continuing to use the
Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18
are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. POLICY
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENSE
10. THIRD-PARTY WEBSITES AND CONTENT
11. SERVICES MANAGEMENT
12. PRIVACY POLICY
13. TERM AND TERMINATION
14. MODIFICATIONS AND INTERRUPTIONS
15. GOVERNING LAW
16. DISPUTE RESOLUTION
17. CORRECTIONS
18. DISCLAIMER
19. LIMITATIONS OF LIABILITY
20. INDEMNIFICATION
21. USER DATA
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
23. STATE USERS AND RESIDENTS
24. MISCELLANEOUS
25. NO EMERGENCY SERVICES
26. EDUCATIONAL CONTENT DISCLAIMER
27. ACCEPTANCE INTO PROGRAM OR SERVICES NOT GUARANTEED
28. CONSENT TO CONTACT
29. SMS (TEXT) TERMS & CONDITIONS
30. SOCIAL MEDIA DISCLAIMER
31. GOOD FAITH ESTIMATE NOTICE
32. JURISDICTION & LICENSED SERVICES CLAUSE (STATE-ONLY)
33. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
TREATMENT MANAGEMENT SERVICES & WELLNESS PLLC / TMS WELLNESS, is a
healthcare practice operated by a licensed psychiatric nurse practitioner in the state of North
Carolina. As such, the platform is subject to applicable federal, state, and professional
regulations governing healthcare, including privacy and advertising standards. Although this
website is primarily used for marketing and informational purposes, we collect limited user
information through embedded HIPAA-compliant forms (e.g., WIX FORMS) for the purposes of
waitlist management and general inquiries. In the future, we may also embed scheduling tools
from our HIPAA-compliant electronic health records (EHR) system to facilitate appointment
requests. To protect your privacy, users are encouraged not to include detailed personal health
information (PHI) in any free-text fields or contact form messages. While secure technologies
are used, no method of electronic communication can be guaranteed 100% secure, and
submission of sensitive health details is done at the user’s discretion. TREATMENT
MANAGEMENT SERVICES & WELLNESS PLLC / TMS WELLNESS, uses third-party
platforms to support clinical, administrative, and communication functions in compliance with
HIPAA and North Carolina privacy laws. These platforms include Simple Practice for electronic
health records, intake, scheduling, and messaging; Stripe for secure payment processing;
iPrescribe for electronic prescribing; RingCentral for HIPAA-compliant SMS and voicemail
communication; Fullscript for supplement protocols and ordering; and That Clean Life for
nutrition education and meal planning. We also work with Rupa Health and Evexia Diagnostics
to facilitate access to both functional and conventional laboratory testing. Through these
services, patients may be referred to labs such as Quest Diagnostics and Labcorp, although
these labs are not directly integrated into our EHR system. While these third-party vendors
operate independently and maintain their own privacy policies, we make reasonable efforts to
ensure they meet industry standards for privacy and security. All efforts are made to ensure
compliance with relevant healthcare laws, including but not limited to the Health Insurance
Portability and Accountability Act (HIPAA), the North Carolina Consumer Privacy Act
(CCPA/CPRA), and professional advertising regulations governing licensed providers.
Submission of information through this website does not establish a provider-patient
relationship, nor does it guarantee the provision of clinical services.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all
source code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States and
around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal,
non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES"
section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained
access,
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this
section or elsewhere in our Legal Terms, please address your request to:
contact@seymourpsychiatry.com. If we ever grant you the permission to post, reproduce, or
publicly display any part of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal
Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using
our Services to understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or
other information about the Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled
to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part
of the Services you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post,
send, publish, upload, or transmit through the Services any Submission that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such
Submission;
warrant that any such Submission are original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for
any and all losses that we may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3) you have the
legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise; (6) you will not use the Services
for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- We accept HSA and FSA cards for payment of eligible services through our secure payment
processor, Stripe, via Simple Practice. Clients are responsible for confirming coverage with their
HSA/FSA provider and may be required to submit a superbill or receipt for reimbursement. Not
all services, such as nutrition counseling, lab testing, or supplement recommendations, may be
covered.
You agree to provide current, complete, and accurate purchase and account information for all
purchases made via the Services. You further agree to promptly update account and payment
information, including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax will be added to
the price of purchases as deemed required by us. We may change prices at any time. All
payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable
shipping fees, and you authorize us to charge your chosen payment provider for any such
amounts upon placing your order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors.
6. POLICY
All sales are final and no refund will be issued.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the
Services available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another
person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or
the Content for any revenue-generating endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the Services and
through third-party websites. As such, any Contributions you transmit may be treated in
accordance with the Services' Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Services, and other users of the Services to use
your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of
these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result
in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use
and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for your Contributions
to the Services and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or originating
from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content
are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed from the Services, including
the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the Services and
access the Third-Party Websites or to use or install any Third-Party Content, you do so at your
own risk, and you should be aware these Legal Terms no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications you use or install from the
Services. Any purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party Websites
and you shall hold us blameless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in
a manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the
Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal
Terms. Please be advised the Services are hosted in the United States. If you access the
Services from any other region of the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable laws in the United States, then
through your continued use of the Services, you are transferring your data to the United States,
and you expressly consent to have your data transferred to and processed in the United States.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update any
information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of
the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance
with the laws of the State of North Carolina applicable to agreements made and to be entirely
performed within the State of North Carolina, without regard to its conflict of law principles.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us
(individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration
Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall
be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA
Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all
arbitration fees and expenses. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a decision in writing, but
need not provide a statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except
where otherwise required by the applicable AAA rules or applicable law, the arbitration will take
place in Charlotte, NC. Except as otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Charlotte, NC, and the
Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non
convenients with respect to venue and jurisdiction in such state and federal courts. Application
of the United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be
commenced more than one (1) years after the cause of action arose. If this provision is found to
be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 USD. CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal
Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4)
your violation of the rights of a third party, including but not limited to intellectual property rights;
or (5) any overt harmful act toward any other user of the Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to indemnify us, and
you agree to cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
23. STATE USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the North Carolina Department of Consumer Affairs
in writing at 114 West Edenton Street, Raleigh, NC 27603 or by telephone at (919) 716-6000 or
toll-free at 1-877-5-NO-SCAM (1-877-566-7226)
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate
as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any
cause beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
25. NO EMERGENCY SERVICES
This website, along with any associated communication platforms—including our electronic
health record (EHR) portal, email, phone, and text messaging systems—is not intended for use
in emergency situations or for urgent psychiatric or medical needs. You should not contact
TREATMENT MANAGEMENT SERVICES & WELLNESS PLLC / TMS WELLNESS, or any of
its providers for emergencies through any method, including our website, client portal, or
text/call services. If you are experiencing a medical or psychiatric emergency, please call 911,
go to the nearest emergency room, or contact the Suicide & Crisis Lifeline by dialing 988.
26. EDUCATIONAL CONTENT DISCLAIMER
All content provided on this website is for informational and educational purposes only. While we
strive for accuracy, we make no guarantees regarding the completeness, reliability, or
applicability of any information presented. Users should not interpret website content as medical
advice or a substitute for professional care.
27. ACCEPTANCE INTO PROGRAM OR SERVICES NOT GUARANTEED
Submission of a waitlist form, inquiry, or completion of intake does not guarantee acceptance
into any program or service. We reserve the right to decline requests or applications at our sole
discretion, based on clinical appropriateness, program fit, or availability.
28. CONSENT TO CONTACT
By submitting any contact, waitlist, or subscription form on this website, you: Authorize
TREATMENT MANAGEMENT SERVICES & WELLNESS PLLC / TMS WELLNESS (“Practice”)
to send you email communications regarding waitlist status, scheduling, educational resources,
and promotional offers. Understand that such emails may be transmitted through third‐party
email‐marketing platforms acting on the Practice’s behalf. Acknowledge that this consent is
voluntary and not a condition of receiving services from the Practice. May withdraw consent at
any time by clicking the “unsubscribe” link in any marketing email or by emailing
contact@seymourpsychiatry.com. Recognize that, if you later become a patient, you may also
receive secure messages through the Practice’s HIPAA‐compliant patient portal for treatment or
operational purposes; those messages are not marketing and will continue as permitted by law
even if you opt out of marketing emails.
29. SMS (TEXT) TERMS & CONDITIONS
TREATMENT MANAGEMENT SERVICES & WELLNESS PLLC / TMS WELLNESS, may use
SMS (text messaging) to communicate with clients for service-related purposes. Phone
numbers collected as part of the SMS consent process will not be shared with third parties for
marketing purposes and are used solely for administrative and care-related communication. If
you opt in to receive text messages from TREATMENT MANAGEMENT SERVICES &
WELLNESS PLLC / TMS WELLNESS, you may receive messages related to appointment
reminders, follow-up communication between sessions, scheduling updates or changes, and
brief wellness check-ins or care coordination. Example: "Hi, this is a friendly reminder of your
upcoming appointment with TREATMENT MANAGEMENT SERVICES & WELLNESS PLLC /
TMS WELLNESS, on Tuesday, June 25 at 10:00 AM. Reply STOP to opt out of SMS
messaging at any time." These messages may be sent using HIPAA-compliant platforms,
including Google Workspace and Simple Practice The frequency of messages may vary based
on your care needs and appointment schedule. Please note that standard message and data
rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message
is sent domestically or internationally. You may opt in to SMS communication by signing our
electronic SMS Consent Form, which is provided securely through our Simple Practice
platform. You may opt out of SMS messages at any time by replying “STOP” to any message or
by contacting us directly to request removal from SMS communication. If you are experiencing
any issues with receiving or understanding messages, you may contact us at
contact@seymourpsychiatry.com. For more details, including how we manage your data, please
refer to our Privacy Policy and Terms and Conditions.
30. SOCIAL MEDIA DISCLAIMER
The content shared via social media accounts operated by TREATMENT MANAGEMENT
SERVICES & WELLNESS PLLC / TMS WELLNESS, or its providers—including the personal
professional account of our founder, Tyra Marie Seymour (a licensed psychiatric nurse
practitioner in North Carolina)—is intended for general informational and educational purposes
only. Although Tyra Marie Seymour is a psychiatric nurse practitioner, she is not your psychiatric
nurse practitioner unless you are an established client with an active treatment agreement and
have completed all required onboarding steps through our secure, HIPAA-compliant platform.
Social media content does not constitute medical or psychiatric advice, diagnosis, or treatment,
nor does it create a provider-patient relationship. Engagement with posts—including likes,
comments, shares, or direct messages—does not count as clinical communication and will not
be monitored for care purposes. Please do not disclose personal health information via social
media. If you are a current client, please use the Simple Practice platform or your secure client
portal for all communication related to your care. If you are experiencing a medical or psychiatric
emergency, call 911 or the Suicide & Crisis Lifeline at 988, or go to the nearest emergency
room. All content shared via social media, including captions, videos, graphics, and educational
posts, is the intellectual property of TREATMENT MANAGEMENT SERVICES & WELLNESS
PLLC / TMS WELLNESS, or its affiliates and may not be reproduced or repurposed without
written permission. Sharing for non-commercial educational purposes is permitted with proper
attribution.
31. GOOD FAITH ESTIMATE NOTICE
Under the No Surprises Act, clients who are uninsured or who choose not to use insurance (i.e.,
self-pay) are entitled to receive a Good Faith Estimate of expected charges for non-emergency
services. This law applies to all healthcare providers and facilities offering services outside of
insurance networks, including those operating on a cash-pay basis. TREATMENT
MANAGEMENT SERVICES & WELLNESS PLLC / TMS WELLNESS, will provide a written
Good Faith Estimate outlining the anticipated costs of services, including appointment fees and
any applicable care coordination or package pricing. This estimate will be provided: Upon
request, when services are scheduled at least three business days in advance, or no later than
one business day after scheduling when the service is scheduled less than three business days
in advance. The Good Faith Estimate is not a bill or a contract. It reflects an estimate of the
services reasonably expected at the time it is issued. You have the right to dispute any charges
that are $400 or more above the GFE. If that occurs, you may initiate a dispute resolution
process through the U.S. Department of Health & Human Services (HHS). To learn more or to
initiate a dispute, visit: http://www.cms.gov/nosurprises or call 1-800-985-3059. TREATMENT
MANAGEMENT SERVICES & WELLNESS PLLC / TMS WELLNESS, is committed to
transparent pricing and will make every effort to provide accurate, timely estimates for all
self-pay clients.
32. JURISDICTION & LICENSED SERVICES CLAUSE (STATE-ONLY)
TREATMENT MANAGEMENT SERVICES & WELLNESS PLLC / TMS WELLNESS, operates
under North Carolina STATE law and only provides clinical services to clients located in North
Carolina at the time of service. It is the client’s responsibility to ensure they are physically
present in North Carolina for any telehealth appointment.
33. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at:
TREATMENT MANAGEMENT SERVICES & WELLNESS PLLC / TMS WELLNESS
6135 Park South Dr Ste 510, Charlotte, NC 28210
United States