The Terms and Conditions (“Terms and Conditions”) shall constitute a
binding agreement between you (hereinafter the “Client”) and DREVAB
LLC, a Georgia limited liability company (“DREVAB”).
By accepting any product or service from DREVAB, Client explicitly
agrees to the following Terms and Conditions:
- NO MEDICAL SERVICES. While Dr. Eva Beaulieu is a medical
doctor, absent a signed medical services agreement, Dr. Eva
Beaulieu is not your medical doctor, and DREVAB is not your
medical provider. Less there be any confusion, Dr. Beaulieu is
not your doctor, and the consulting services provided through
DREVAB are solely consulting services and do not constitute any
medical services. Any information provided does not, nor shall
it, ever constitute a medical evaluation or medical advice.
Accordingly, Client agrees not to rely or construe any
discussion as medical advice. To the extent Client has any
questions about Client’s own health or medical ailments, then
Client agrees to seek the qualified treatment and evaluation by
an appropriate medical professional– which absent a signed
medical agreement, is not DREVAB or Dr. Beaulieu.
- Covered Services. It is understood that these Terms and
Conditions apply to any and all services or products provided by
DREVAB to Client. This explicitly includes any future,
additional, or subsequent services or products provided by
DREVAB to Client beyond those contemplated in any original
consultation booking or request for services.
- Acceptance. By accepting DREVAB’s products or by utilizing
DREVAB’s services, Client accepts these Terms and Conditions. To
the extent these Terms and Conditions were unknown to Client at
the time Client entered into an agreement with DREVAB (e.g., a
consultation service was booked orally), then Client’s
acceptance of DREVAB’s products and/or services shall
nevertheless constitute an acceptance of these Terms and
Conditions. To the extent Client rejects such Terms and
Conditions, Client sole remedy is to decline obtaining any
product and/or services from DREVAB and obtain a full refund.
- Superiority. To the extent that any conflict exists between the
provisions executed in writing by DREVAB in any agreement with
Client and these Terms and Conditions, the provisions of any
said agreement shall be deemed controlling.
- Nonrefundable. In the event Client schedules a consultation
service with DREVAB but fails to attend or participate in such
session, then Client shall forfeit any and all payments made.
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- No Set-Off. Under no circumstances whatsoever may client claim a
deduction or a set-off to the price of DREVAB’s products or
services without prior written agreement by DREVAB.
- Late Payments. Late payments will incur a monthly late fee of
five per cent (5%) of the outstanding balance, compounded
- Risk of Loss. All products are provided FOB Shipping Point.
Client is responsible for all shipping costs and Client takes
responsibility for all products when said product leaves
DREVAB’s premises. Client may choose to insure the products at
Client’s expense or forgo insuring the products at Client’s own
- Dispute resolution. Client agrees to provide DREVAB with written
notice of any dispute, claim, or controversy, of any sort or
nature, arising out of any of DREVAB’s products or services, or
otherwise relating to DREVAB, within six (6) months after any
such claim, dispute, or controversy arises. Client must provide
written notice via certified mail, return receipt requested, to:
Heidari Power Law Group LLC, 2997 Cobb Parkway #724615 Atlanta,
Georgia 31139. Any failure to strictly follow the procedures
delineated in this section shall constitute an unconditional
waiver of any dispute, claims, or controversy that may exist or
Client may have against DREVAB, its affiliates, subsidiaries,
parent entity, licensors, licensees, owners, shareholders,
officers, directors, employees, contractors, and agents. Client
agrees to pay DREVAB’s reasonable attorneys’ fees for defending
a lawsuit in which the dispute resolution procedure, as defined
in this section, has not been strictly followed.
- Modification of Services as needed. DREVAB shall be able to
modify its products or services, as it determines in DREVAB’s
sole discretion, at any time. Client shall have no basis to
believe that any DREVAB product or service shall be identical or
similar in the future.
- Force Majeure. DREVAB will not be liable for loss, damage, or
delay caused by strikes or labor difficulties, lockouts, acts or
omissions of any governmental authority, insurrection, riot, war
or similar hostility, fires, floods, acts of God, breakdown of
essential machinery, accidents, cargo or material shortages,
delays in transportation, inability to obtain labor, materials
or parts from usual sources or otherwise due to causes beyond
DREVAB’s control. In the event of any such delay, any
performance by DREVAB will be postponed by such length of time
as may be reasonably necessary under the circumstances
- Notification of Grievance. In the event Client is unhappy,
believes any product is defective, or is otherwise dissatisfied
in any way, shape, or form, with any product or service
received, Client must immediately notify DREVAB no later than
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thirty (30) days after receipt of the product or service.
Client’s failure to notify DREVAB shall constitute an
unequivocal waiver, and shall be deemed to constitute Client’s
unequivocal acceptance of the goods or services. At that
- MAXIMUM LIABILITY AND LIABILITY CAP. IN NO EVENT WILL THE
AGGREGATE OF EACH OF DREVAB, ITS OWNERS, SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS’
(INDIVIDUALLY AND COLLECTIVELY, THE “DREVAB GROUP”) LIABILITY
FOR ANY AND ALL OF CLIENT’S CLAIMS, OR ANY THIRD PARTY CLAIMS,
AGAINST DREVAB GROUP, ARISING OUT OF OR RELATED TO, DIRECTLY OR
INDIRECTLY, THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICE OR
ANY PRODUCT, OR BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF DREVAB,
EXCEED THE GREATER OF THE AMOUNT OF (1) ONE THOUSAND DOLLARS
($1,000.00) OR (2) THE PRICE OF THE PRODUCT OR SERVICE OBTAINED
BY CLIENT FROM DREVAB WITHIN THE LAST SIX (6) MONTHS. THE
AFOREMENTIONED LIABILITY CAP EXPLICITLY INCLUDES, BUT IS NOT
LIMITED TO, ANY LIABILITY ARISING OUT OF CONTRACT, TORT, OR ANY
OTHER THEORY OF RECOVERY, WHATOSOEVER. IT IS INTENDED AND AGREED
TO BE ALL-ENCOMPASSING AND AN UNEQUIVOCAL LIABILITY CAP. CLIENT
AGREES THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE
ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE
- Refusal. DREVAB may refuse to provide any products or service to
any person or entity, at any time, for any reason or no reason.
- Termination. DREVAB may choose to terminate Client’s account at
any time, for any reason or no reason. DREVAB shall have no
obligation to provide any subsequent, additional, or any future
services or products.
- Warranties. DREVAB provides all products and services on an
“AS-IS” basis, makes no representation regarding said services
or products, and explicitly disclaims any and all warranties and
- Limitation of Liability. IN NO CASE SHALL DREVAB GROUP BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES (EVEN IF DREVAB HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES).
- Legal Agreement. Client hereby warrants and agrees that these
Terms and Conditions constitute a legal agreement between Client
and DREVAB and governs all services provided by DREVAB to
Client. Client hereby irrevocably waives any argument or defense
to the contrary, and Client covenants not to set forth any
argument or defense to the contrary.
- Waiver. DREVAB’s failure to enforce or demand strict compliance
of any right or provisions in these Terms and Conditions will
not constitute a waiver of such or any other provision.
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- Notice. Any notice to DREVAB required under these Terms and
Conditions must be sent to DREVAB’s legal counsel via certified
mail, return receipt requested, and sent to the following
Heidari Power Law Group LLC
c/o Yasha Heidari, Esq.
2997 Cobb Parkway #724615
Atlanta, Georgia 31139
- Modifications. These Terms and Conditions may be modified by
DREVAB at any time. Any modifications to these Terms and
Conditions shall only bind Client to the extent any new products
or services are provided by DREVAB to Client. Client agrees to
be bound by any modification in these Terms and Conditions upon
successively obtaining any product or services from DREVAB, and
that such modified Terms and Conditions shall apply to any
previously obtained goods or services.
- Unenforceable Provisions. All Terms and Conditions, and any
portion thereof, shall be construed in such a way to ensure they
are valid under any applicable laws. If any provision of these
Terms and Conditions, or any portion thereof, is held to be
invalid and unenforceable, then the remainder of these Terms and
Conditions shall nevertheless remain in full force and effect.
- Blue-Pencil Modification. It is the explicit intent of the
parties and hereby agreed that, if any provision in thes Terms
and Conditions is void and unenforceable, a court or arbitrator
shall modify the provision that is void and unenforceable to
ensure that such provision is valid and enforceable to the
maximum extent provided by law. Provided, however, that no
modification shall render the provision more restrictive than as
originally specified in these Terms and Conditions.
- Headings and Titles. The section titles in the Terms and
Conditions are for convenience only and have no legal or
- Notice precursor to action. Client agrees that prior to
initiating or filing any lawsuit, action, or demand for
arbitration against DREVAB, Client must provide written notice
to DREVAB’s legal counsel, via certified mail, return receipt
requested, at Heidari Power Law Group LLC, c/o Yasha Heidari,
Esq., P.O. Box 79217, Atlanta, GA 30357, any include a
substantive description of any issue that would be subject to
such a lawsuit. Such notice requirement shall be strictly
construed, and Client’s failure to comply with such notice
requirements shall constitute an irrevocable waiver of any claim
or cause of action that exists or may exist. Such notice
requirement shall be additional to any and all other notices
required under these Terms and Conditions. Client agrees to pay
DREVAB’s reasonable attorneys’ fees for defending a lawsuit in
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which the dispute resolution procedure, as defined in this
section, has not been strictly followed.
- Initiation of Action. Client agrees that any claim and lawsuit
relating to any matter with DREVAB, including but not limited to
claims arising out of or related to the Terms and Conditions and
any services provided by DREVAB to Client, and any demands for
arbitration, must be filed no more than one (1) year after the
date the action or non-action that is the subject of the claim
or lawsuit, or one (1) year after the acceptance of these Terms
and Conditions, whichever is later. Client hereby waives any
defense or argument pertaining to statute of limitations.
Client agree and warrant that Client’s failure to comply with
this section shall serve as an unconditional waiver and release
for any and all such claims.
- Acceleration. In the event that Client materially breaches the
Terms and Conditions, all future payments contemplated by the
Terms and Conditions shall be considered immediately due and
payable in full as of the date of the breach. Client’s failure
to provide payment to DREVAB within 45 days of when said payment
is due shall be considered a material breach of the Terms and
- Covenant not to Sue Members and Directors. Client hereby
covenants not to sue DREVAB’s owners, principals, members,
shareholders, officers, directors, agents, contractors,
employees, licensees, and invitees for any and all reasons,
related to this Terms and Conditions or otherwise, for a period
of twenty years from the date of acceptance of these Terms and
Conditions. Client’s sole recourse for any grievance shall be
an initiation of action against DREVAB, as provided herein.
- No Beneficiary. It is understood and agreed that Client and
DREVAB are the sole parties to these Terms and Conditions, and
the services provided pursuant to these Terms and Conditions by
DREVAB for Client is solely for the benefit of Client.
- Severability. If one or more of the provisions in these Terms
and Conditions are deemed void by law, including, then the
remaining provisions will continue in full force and effect.
- Attorney’s Fees. In the event that DREVAB seeks legal recourse
against Client based on a breach or threatened breach of these
Terms and Conditions, or any agreement with DREVAB, Client
agrees to pay DREVAB’s legal expenses, which includes, but is
not limited to, service costs, court costs, expert fees,
consultant fees, reasonable attorney’s fees, and administrative
- Ambiguity. The Terms and Conditions shall be deemed the mutual
instrument of both parties, and no ambiguity shall be construed
against either DREVAB or Client.
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- Headings. Section headings are not to be considered a part of
these Terms and Conditions and are not intended to be a full and
accurate description of the contents hereof.
- Waiver of Jury trial. Client explicitly agrees to waive Client’s
right to a trial by jury for any dispute arising or relating to
these Terms and Conditions and/or DREVAB.
- Successors and Assigns. These Terms and Conditions shall be
binding upon and inure to the benefit of the parties, their
successors, assigns, and personal representatives.
- Governing Law. These Terms and Conditions shall be governed by
and construed and enforced in accordance with the laws of the
State of Georgia and the United States of America. Any
litigation or arbitration between the Parties shall be conducted
exclusively in the State of Georgia. DREVAB and Client hereby
consent to said jurisdiction. Client hereby waives the defense
of lack of jurisdiction.
- Venue. Venue for any litigation or arbitration relating to the
Agreement and these Terms and Conditions shall be exclusively in
courts of Fulton County, Georgia. Client agrees and consents to
such venue, and Client waives any defense pertaining to venue.
- Entire Agreement for Subject Matter. These Terms and Conditions
constitute the entire agreement between Client and DREVAB with
regard to the subject matter hereof, and replaces and supersedes
all other agreements or understandings, whether written or oral.
Last modified: July 20, 2020