EFFECTIVE April 28, 2024
WEBSITE TERMS AND CONDITIONS OF SERVICE
These Terms and Conditions of Service (“Agreement”) is a legal agreement between you and
Wellness Intentionally Lived Daily, PLLC, doing business as Davar Health, a Texas professional limited
liability company (hereinafter referred to as “Website Owner”), the owner and developer of
www.michaelwstacey.com, www.davarwellness.com, and www.davarhealth.com (“Website”). By registering for any service provided on the Website you become a
client (“Client”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement
as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT
REGISTER FOR ANY SERVICE ON WEBSITE. The Terms are subject to change at any time, effective
upon notice to you.
BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION
OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY
GOING TO www.michaelwstacey.com/terms-and-conditions .
WEBSITE AND WEBSITE OWNER RESERVE THE
RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
1. Limitations of Liability and Indemnification. By using any services provided by
Website Owner, you agree that in no event will Website, Website Owner, its and their officers,
employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect,
incidental, special or consequential damages as a result of your accessing the website and using any of the
services available. Your sole remedy for any breach or default of this Agreement by Website or Website
Owner shall be a return of any fees paid to Website or Website Owner for any services provided under
this Agreement. You indemnify and agree to defend and hold harmless Website, Website Owner, its and
their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any
losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or
settlements) relating to or arising out of your use of Website or the use of the information on the Website,
including any breach by you of the Terms contained in this Agreement.
2. Responsibility for Use of Website. You understand and agree that you are solely
responsible for your actions and decisions to implement the information provided on Website. You
understand that Website and Website Owner do not perform any sort of diagnosis of you and your
condition. You understand and agree that you must take all reasonable precautions before implementing
the information contained in the Website, including but not limited to seeking medical guidance from your
medical providers.
3. Do Not Rely on Website. THE INFORMATION CONTAINED ON WEBSITE IS NOT
MEDICAL ADVICE. Opinions, information, statements or other comments should not necessarily be
relied upon and are not to be construed as medical advice from Website or Website Owner. Website and
Website Owner do not guarantee the accuracy or completeness of any of the information provided, and
are not responsible for any loss resulting from your reliance on such information.
YOU SHOULD SEEK
MEDICAL GUIDANCE FROM YOUR MEDICAL PROFESSIONALS TO DETERMINE IN THE
INFORMATION CONTAINED IN THE WEBSITE IS SUITABLE FOR YOU AND YOUR
CONDITIONS.
4. Right to Monitor. Website and Website Owner reserve the right, but are not obligated, to
monitor materials posted in any public area and shall have the right to remove any information deemed
offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any
information contained on the site.
5. Confidentiality. It is agreed that all personal information given to Website or Website
Owner, will be kept confidential by Website and Website Owner, with the following exceptions: (1) you
have harassed another person via any service provided by Website, in which case the confidentiality
clause contained in this Agreement is rendered null and void.
6. Ownership, Copyrights, Trademarks, Licenses. Website and Website Owner own and
retain all proprietary rights to the Website service, the information contained therein, its trademarks and
copyrights. Except for any information that is in the public domain, you are not authorized to reproduce,
transmit or distribute the proprietary information of Website and Website Owner. By posting information
to Website and Website Owner you represent that you have the right to grant permission for use by
Website and Website Owner, including a non-exclusive, royalty free license to use such information in
any form or fashion.
7. No Warranties. Website and Website Owner provide the Website services on an “as is”
basis and do not make any warranty, express, implied, limited or other with respect to the services
provided. Specifically, Website and Website Owner do not warrant that the service will always be
available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will
be corrected.
8. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by
the laws of Texas, without regard to provisions of conflicts of law. Any lawsuit arising from or related to
this Agreement shall be brought exclusively before the United States District Court for Mclennan County, Texas and
you hereby consent to the jurisdiction of any such court.
9. Severability. If any provision is found to be invalid, the remaining provisions will be in
full force and effect.
10. Certification. You certify that you are at least 18 years of age and that your answers to the
registration materials on Website are truthful. In accessing and using Website, you understand and agree
that basic information concerning you, given to Website, will be published on the web-site for others to
view along with your User ID. Your name, address and e-mail address are kept confidential, except where
provided above.
11. Entire Agreement. This Agreement constitutes your entire Agreement with Website and
Website Owner with respect to any services.
12. Waiver. The failure of Website or Website Owner to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this
Agreement by Website or Website Owner must be in writing and signed by an authorized representative
of the Website Owner.
You further understand and agree that clicking or pressing on the “I agree” is the electronic
equivalent of a written signature on this document. If you do not agree, please exit this site immediately.