Legal
Terms of use
This website is published by Axonal Brain Care. By using it you agree to these terms. If you do not agree, please do not use the site.
1. This site is not medical advice
Everything here is general information about our practice. It is not medical advice, a diagnosis, or a treatment recommendation, and it is not a substitute for consulting a qualified clinician about your own situation.
Using this site does not create a doctor-patient relationship. That relationship begins only after an evaluation with a physician at our practice.
If you are experiencing a medical emergency, call 911.
2. About individual results
Recovery from traumatic brain injury varies from person to person. Nothing on this site is a promise or guarantee of any particular outcome. Whether Precision TMS is appropriate for you is a decision made with a physician after evaluation.
3. Please do not send health information through this site
There is no secure form here. Do not send medical records, symptoms, or other health information by email or web form. Call (310) 382-1150 and we will guide you through a secure intake.
4. Intellectual property
The content of this site — text, images, artwork, and design — is owned by Axonal Brain Care or used with permission, and is protected by copyright law. You may view and print pages for your own personal, non-commercial use. Any other use requires our written permission.
All imagery and moving artwork on this site was generated for this project. No third-party photography or licensed stock is used.
5. Accessibility
6. Disclaimers; assumption of risk; limitation of liability
6.1 Informational purpose; no physician-patient relationship
The content made available on this website (the “Site”), including text, graphics, images, condition and procedure summaries, provider biographies, articles, blog posts, videos, downloadable materials, and any interactive feature, is provided for general informational and educational purposes only. It is general information. It does not constitute medical advice, diagnosis, treatment, or a substitute for the professional judgment of a licensed clinician who has personally examined you. Neurological signs and symptoms vary widely between individuals, and general information may be inaccurate as applied to your particular condition. Your access to the Site, your review of any content, and your submission of any contact form, appointment request, or intake questionnaire do not create a physician-patient relationship between you and Axonal Brain Care, its physicians, nurse practitioners, physician assistants, employees, agents, or contractors (collectively, the “Practice”). A physician-patient relationship is established only after the Practice has accepted you as a patient, you have completed the Practice’s registration, consent, and privacy documentation, and you have been evaluated by a Practice clinician.
6.2 Emergency notice
DO NOT USE THIS SITE FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, INCLUDING SUDDEN WEAKNESS OR NUMBNESS, FACIAL DROOP, DIFFICULTY SPEAKING OR UNDERSTANDING SPEECH, SUDDEN SEVERE HEADACHE, SEIZURE, LOSS OF CONSCIOUSNESS, OR ANY OTHER SIGN OF STROKE, CALL 911 OR GO TO THE NEAREST EMERGENCY DEPARTMENT IMMEDIATELY.
Always seek the advice of your physician or another qualified health provider with any question you have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on this Site. The Practice does not monitor the Site, email, or web forms continuously and does not provide urgent or emergency care through the Site.
6.3 Communications submitted through the Site
Any information you transmit through a contact form, appointment request, intake questionnaire, chat feature, or unencrypted email is transmitted at your election over a channel the Practice does not represent to be secure, unless the Site expressly identifies that channel as a secure patient portal. Please do not submit sensitive clinical information through the Site. Please do not use the Site to report a change in your condition, to request a prescription or refill, to obtain test results, or to seek a clinical opinion. The Practice does not guarantee that any submission will be received, read, routed, or answered within any particular period of time or at all. Please follow up by telephone if a matter is time-sensitive.
6.4 No warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTION 6.10, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT.
The Practice does not warrant that Site content is accurate, current, complete, or applicable to any individual; that the Site will be uninterrupted, timely, secure, or error-free; that defects will be corrected; or that the Site or its servers are free of harmful components. Medical and neurological knowledge changes rapidly, and content may become outdated without notice.
6.5 Third-party content, links, and services
The Site may contain links to, or content or functionality supplied by, third parties, including medical societies, patient advocacy organizations, research repositories, scheduling and intake vendors, telecommunications providers, analytics services, and referring or referred-to clinicians and facilities. The Practice does not control, endorse, verify, or assume responsibility for third-party content, products, services, privacy practices, or the acts or omissions of any third party. Links and third-party integrations are provided as a convenience. Your dealings with any third party are solely between you and that third party.
6.6 Assumption of risk; user responsibility
You are solely responsible for any decision you make or decline to make on the basis of Site content, and you assume the risk of relying on general information in place of an individualized clinical evaluation. You agree to consult a qualified licensed clinician before acting on any information obtained from the Site, and to verify with the Practice any information that is material to your care.
6.7 Exclusion of certain damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTION 6.10, IN NO EVENT WILL THE PRACTICE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ITS CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT THE PRACTICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.8 Aggregate cap
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTION 6.10, THE TOTAL AGGREGATE LIABILITY OF THE PRACTICE ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO THE PRACTICE FOR ACCESS TO THE SITE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500).
6.9 Scope; clinical care excluded
Sections 6.4, 6.6, 6.7, and 6.8 apply solely to the Practice’s operation of the Site and to your access to and use of the Site and its informational content. Those Sections have no application to, and will not be construed to limit, release, or waive, any right, claim, or remedy arising out of medical, surgical, diagnostic, therapeutic, or other professional health care services rendered by the Practice or any of its clinicians. Claims of that kind are governed by California law applicable to health care providers and by the separate patient agreements, informed consents, and notices you receive from the Practice.
6.10 California exceptions
Nothing in these Terms limits, excludes, releases, or waives, and no provision of these Terms will be construed to limit, exclude, release, or waive, any liability, right, or remedy that may not lawfully be limited, excluded, released, or waived under California or federal law. Without limiting the foregoing, the disclaimers and limitations in this Section have no application to:
- liability for fraud, deceit, intentional misrepresentation, willful injury to the person or property of another, or violation of law, whether willful or negligent (Cal. Civ. Code § 1668);
- liability for gross negligence or willful misconduct;
- liability for professional negligence in the rendering of health care services, or for death or bodily injury caused by the negligence of the Practice;
- rights or remedies under the Consumers Legal Remedies Act, Cal. Civ. Code § 1750 et seq., waiver of which is void under Cal. Civ. Code § 1751;
- rights or remedies under the California Consumer Privacy Act, including the data-breach cause of action at Cal. Civ. Code § 1798.150, waiver or limitation of which is void under Cal. Civ. Code § 1798.192;
- rights or remedies under the Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq., including Cal. Civ. Code § 56.35, or under the Health Insurance Portability and Accountability Act and its implementing regulations;
- rights or remedies under the Unruh Civil Rights Act, Cal. Civ. Code § 51, including claims predicated on the Americans with Disabilities Act pursuant to Cal. Civ. Code § 51, subdivision (f), or under any other civil rights or accessibility statute;
- restitution or injunctive relief available under Cal. Bus. & Prof. Code § 17200 et seq.; or
- any other right conferred by a law established for a public reason, which may not be contravened by private agreement (Cal. Civ. Code § 3513).
6.11 Basis of the bargain; essential purpose
You acknowledge that the disclaimers and limitations set forth in this Section reflect a reasonable allocation of risk between you and the Practice, that they are an essential basis of the bargain between you and the Practice, and that the Practice would make the Site available on these terms only in reliance on them. These limitations apply even if any limited remedy is found to have failed of its essential purpose.
6.12 Severability and reformation
If any portion of this Section is held to be unenforceable, that portion will be modified to the minimum extent necessary to render it enforceable and, failing that, will be severed. The remainder of this Section and of these Terms will remain in full force and effect. Any tribunal construing this Section is directed to give effect to Sections 6.4, 6.7, and 6.8 to the maximum extent permitted by applicable law.
6.13 Governing law; venue
These Terms and any dispute arising out of or relating to the Site are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 6.10, the exclusive venue for any such dispute is the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts.
6.14 Time to bring claims
Except where a different period is required by law, any claim arising out of or relating to the Site must be filed within one (1) year after the claim accrues, and any claim filed after that period is permanently barred.
6.15 Acknowledgment
BY ACCESSING THE SITE, OR BY SUBMITTING A CONTACT FORM, APPOINTMENT REQUEST, OR INTAKE QUESTIONNAIRE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS SECTION, INCLUDING THE EMERGENCY NOTICE IN SECTION 6.2 AND THE LIMITATIONS IN SECTIONS 6.7 AND 6.8.
7. Changes
We may update these terms. The current version will always be posted here with its effective date.
Contact
Kristina Lizama, Office Manager
Axonal Brain Care
2730 Wilshire Blvd., Suite 320
Santa Monica, CA 90403
(310) 382-1150
info@axonalbraincare.com