Terms of Use

Please note that these are the Terms of Use for visiting and browsing the DrDaniel.com and Practice Better App websites. When you become a DrDaniel.com patient, you will be presented with the DrDaniel.com New Patient Agreements. Thanks!

These Terms of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use this website located at www.drdaniel.com (the “Website”), which is owned and operated by DNA Health Systems, PLLC. (“DrDaniel”).  BY USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the event of any inconsistency between the DrDaniel Privacy Policy and this Agreement, this Agreement shall control.

We may revise the Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use the Website because they are binding on you. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, PLEASE DO NOT USE THIS WEBSITE.

TERMINATION

DrDaniel reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice. Examples of activity that may lead to a termination of your use of the Website include your breach of any of these Terms of Use.

NO PRACTICE OF MEDICINE

Information provided through the Website is not intended to be, and must not be taken to be, the practice of medicine or the practice of other healthcare services by DrDaniel. Use of the Website does not create a physician/patient or provider/patient relationship with DrDaniel. DrDaniel is not recommending or endorsing any specific test, diet regimen or other information.

PROPRIETARY RIGHTS IN WEBSITE CONTENT

DrDaniel retains all copyright and other proprietary rights in the contents of this Website (the “Content”). Elements of the Content are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of DrDaniel or any third party. Certain portions of the Website may contain information supplied and updated by third parties, or include links to third-party sites. DrDaniel is not responsible for, and makes no warranty as to the accuracy of, such information or sites.

DrDaniel claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of DrDaniel should be inferred from their use. You are not permitted to use the trademarks displayed on the Website without the prior written consent of DrDaniel or the third party that may own the trademarks.

No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without DrDaniel’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content contained in the Website or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

TRADEMARKS

The following trademarks are property of DrDaniel:  “DrDaniel”. These marks may not be used without our consent on any product or service, except our own.

WEBSITE INFORMATION

The information contained on the website is intended for a general audience, and may not apply to your particular situation. Nothing contained on this website is intended or should be construed as medical advice, diagnosis, or treatment. You should not use this website as a substitute for your supervising physician’s advice.

LINKS TO OTHER WEBSITES

The website may contain links to Internet or mobile sites not owned or operated by DrDaniel, including to our online payment processing services provider, to sites featuring organizations, services or news that may be of interest, and to pages that we maintain on Facebook or other social media platforms. The inclusion of these links should not be construed as an affiliation, sponsorship or endorsement. When you access a third party Internet or mobile site, you do so at your own risk. We assume no responsibility or liability for any information, products or services available on or through any third party Internet or mobile site, or for any actions taken by you or others in connection therewith.

COMMUNICATING WITH US

There are multiple ways to communicate with DrDaniel, including through the website and using the phone numbers listed for each of our locations. Communicating with us does not, in and of itself, establish a physician-patient relationship. You acknowledge that by filling out this form, phone, data, text messaging, and other fees and charges may apply, depending on your particular device and service plan. You are solely responsible for those fees and charges.

LIMITATION OF LIABILITY

DrDaniel, its affiliates and any of its, or their, directors, officers, employees or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of the Website (or a website linked to the Website), or any other cause, even if such cause involves negligence, or if we have been apprised of the likelihood of such damages occurring.

The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT DRDANEIEL DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. DRDANIEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DRDANIEL MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRDANIEL OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION

Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Website shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empanelled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in Austin, Texas. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

WAIVER OF JURY TRIAL AND CLASS ACTIONS

BY ENTERING INTO THESE TERMS OF USE, YOU AND DRDANIEL ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND DRDANIEL BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND DRDANIEL BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

INDEMNIFICATION

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless DrDaniel and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the Website.

JURISDICTION

By accessing the Website, you and DrDaniel agree that all matters relating to your access to, or use of, the Website shall be governed by the statutes and laws of the State of Missouri, without regard to its conflicts of laws principles. You and DrDaniel also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of Texas with respect to such matters. DrDaniel makes no representation that materials contained in the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws.

NOTICES

DrDaniel may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on this Website, or by written communication delivered by first-class U.S. mail to the address that you have provided to DrDaniel. You may give notice to, or submit comment, questions or complaints to, DrDaniel at any time via e-mail or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

Dr. Daniel | Functional Medicine
3736 Bee Cave Road #9
Austin, TX 78746
E-mail: info@drdaniel.com

SURVIVAL

The provisions of these Terms of Use entitled “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

DISCLAIMER

THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THE WEBSITE IS “AT YOUR OWN RISK.” DRDANIEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DRDANIEL DOES NOT REPRESENT OR WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION CONTAINED ON THE WEBSITE WILL BE ACCURATE, COMPLETE OR UP-TO-DATE

GENERAL PROVISIONS

Except as provided in a particular “Legal Notice” on this Website, these Terms of Use, along with the DrDaniel Privacy Policy, constitute the entire agreement and understanding between you and DrDaniel with respect to use of the Website, superseding all prior or contemporaneous communications with DrDaniel. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.  DrDaniel may assign its rights and duties under these Terms of Use to any party at any time without notice to you.  A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

For Questions or Concerns, feel free to use the form below: