TERMS AND CONDITIONS
FOR USE OF
MAGICMD CLINIC WEBSITE AND SERVICES
The use of this site is governed by the policies, terms, and conditions set forth below as well as any contained elsewhere on the MagicMD Clinic website or in a subsequent document or publication provided to you during your time as a MagicMD Clinic patient/client. Please read them carefully. Your use of this site and retention of MagicMD Clinic constitutes your acceptance of these terms and conditions. Your request for services by a MagicMD Clinic provider also constitutes your acceptance of these and any later-provided terms and conditions. Your payment for services also constitutes acceptance of these terms and conditions. These terms and conditions supersede any prior terms or conditions included with any request for or purchase of services from MagicMD Clinic, whether or not such terms or conditions are signed (electronically or otherwise) by MagicMD Clinic. MagicMD Clinic reserves the right to make changes to this site and these terms and conditions at any time. The Terms and Conditions that are current and in effect at the time you use this site, request services, accept services, or make payment will be the ones governing such transaction/interaction.
Copyright and Trademark Notice
This site is owned and operated by Han-Pun Tech, LLC, a Florida limited liability company d/b/a MagicMD Clinic. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Han-Pun Tech, LLC, Copyright XXXX, ALL RIGHTS RESERVED. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without MagicMD Clinic’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site will be considered by MagicMD Clinic to be a violation of copyright, trademark, and other applicable laws and will result in the prosecution of any and all available civil or criminal methods of recourse.
All custom graphics, icons, logos, and service names are registered trademarks or service marks of Han-Pun Tech, LLC d/b/a MagicMD Clinic. Any other trademarks or service marks that may appear on the site from time to time are property of their respective owners. The use of any Han-Pun Tech, LLC trademark or service mark without its express written consent is strictly prohibited.
Limitation on Services Provided
MagicMD Clinic is not a primary care clinic. MagicMD Clinic is not intended to take the place of your regular primary care physician. The services offered by MagicMD Clinic are intended to be temporary in nature when visiting the Central Florida Area and are not intended for the monitoring or treatment of ongoing conditions. MagicMD Clinic’s physicians are licensed to practice in the State of Florida only and will not provide services to any patient not located within the geographical borders of Florida at the time of service.
MagicMD Clinic patients requiring extended monitoring or management of a disease or condition will be referred to an area hospital or other local physician office/practice where appropriate.
MagicMD Clinic is a telemedicine practice that provides remote audio/video consultations. It does not provide diagnostic imaging or laboratory testing. Any patient requiring such services will be referred to an independent facility not affiliated with MagicMD. MagicMD Clinic is not intended to treat or address all illnesses or injuries and you understand that the result of your consultation may be a referral to another provider or facility for an in-person exam and/or consultation, including presentation to the emergency department of a hospital near you. The identification and diagnosis of an emergency medical condition requiring immediate treatment at a hospital emergency department satisfies the obligation of MagicMD Clinic to provide services and will not result in a refund of the consultation fee.
MagicMD Clinic does not guarantee that a prescription will be written. MagicMD Clinic operates subject to state and federal laws governing the prescriptions of medications and controlled substances. MagicMD Clinic does not prescribe controlled substances as that term is defined by federal and Florida law, nor does it prescribe non-therapeutic drugs. MagicMD Clinic associates with local area pharmacies who can deliver (where possible) medication to MagicMD Clinic patients pursuant to a physician’s written prescription. MagicMD Clinic is not a pharmacy. It does not sell or dispense medications of any kind.
Disclaimer and Limitation of Liability as to Products and Services Sold/Licensed
MagicMD Clinic makes no representations or warranties, either express or implied, of any kind with respect to products sold or delivered to MagicMD Clinic patients by an area pharmacy.
With respect to the use and licensing of MagicMD Clinic’s telemedicine portal, you agree that the sole and exclusive maximum liability to MagicMD Clinic arising from the use of this system shall be limited to the price of the lease/licensing fee paid to MagicMD Clinic. In no event shall MagicMD Clinic, its directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to your use of its telemedicine portal. In the event that these Terms and Conditions conflict with the terms of any lease or licensing agreement for the use of MagicMD Clinic’s telemedicine portal, the terms of that Licensing/Lease Agreement will control.
Disclaimer and Limitation of Liability as to the MagicMD Clinic Web Site
The MagicMDClinic.com web site and the materials therein are provided as is. MagicMD Clinic makes no representations or warranties of any kind with respect to the site, its operations, contents, information, or materials. MagicMD Clinic expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose.
You agree that MagicMD Clinic, its directors, officers, employees or other representatives are not liable for damages arising from the operation or use of the site. This limitation of liability is comprehensive and applies to damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive, and consequential damages.
Links to Outside Websites
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that MagicMD Clinic is not responsible for the operation of or content located on any outside or third party site.
MagicMD Clinic may set and later gain access to cookies on your web browser. Third parties do not have access to MagicMD Clinic cookies.
Right to Refuse Service
MagicMD Clinic reserves the right at any time after receipt of your request for services to accept or decline your order for any non-discriminatory reason. MagicMD Clinic reserves the right to, any time after receipt thereof, to cancel your request for services without any prior written notice. Examples of circumstances in which your order/request may be cancelled include, but are not limited to: unforeseen unavailability of a physician; inability to effectively communicate with you through the electronic access portal; insufficient video/audio conferencing technology on your end; requests to perform illegal or unethical acts; a good-faith belief that your situation is of an emergent nature and is not suitable for treatment through telemedicine; or other similar issues which prevent effective treatment of you by MagicMD Clinic’s physician or otherwise prevents the MagicMD Clinic physician from complying with the law or prevailing standard of care.
MagicMD Clinic will automatically charge and withhold the applicable sales/service tax.
Jurisdiction and Venue
You agree that any legal action brought against Han-Pun Tech, LLC, d/b/a MagicMD Clinic shall be governed by the laws of the State of Florida with venue for all such disputes being the state or federal court having jurisdiction over and sitting in Orange County, Florida.
Acceptance of these Terms and Conditions
BY REQUESTING AND ACCEPTING SERVICES FROM MAGICMD CLINIC, YOU ARE CERTIFYING THAT YOU AGREE WITH AND UNDERSTANDS THESE TERMS AND CONDITIONS AND THAT THEY CONSTITUTE A VALID AND BINDING CONTRACT.
LEGAL DISCLAIMER – MAGICMD BLOG
This blog contains the views of the author and general information about travel, medicine and health-related subjects. and in no way reflects the opinions or endorsements of any other affiliated individual or organization. The information and materials provided on the blog, including any linked materials, should not be construed as medical advice. If the reader or any other person has a medical concern, he or she should consult with a licensed healthcare provider.
Never disregard professional medical advice or delay seeking medical treatment because of information provided on this blog or any linked materials. If you think you have a medical emergency, dial 9-1-1 or go to the nearest emergency room immediately.
DISCLAIMER REGARDING MEDICAL ADVICE
The Principal author and Team provide the Blog with information, opinions, content, references and/or links to other knowledge sources (collectively, “Content”) for informational purposes only. The Principal author, Team and/or Company do not provide medical advice on the Blog. The information contained on the blog is accurate and true to the best of our knowledge, but there may be omissions, errors or mistakes. Though we do our best to provide the most current information, the Principal author, Team and Company make no guarantees the information on the blog is up-to-date, correct or timely. The blog material is for educational and informational purposes only and does not constitute medical or legal advice. By accessing the blog you hereby agree you shall not use the information on the blog in whole or in part to make any medical or health-related decision. Consult with your healthcare practitioner before taking action regarding your health.
DISCLAIMER REGARDING THIRD PARTIES
The Blog may, from time to time, contain links to other (“third party”) web sites or services. These links are provided only as a convenience, not as a guarantee or recommendation by the Principal author, Team or Company. Any such links do not indicate affiliation, sponsorship or endorsement unless otherwise noted. If you decide to access a linked site, you do so at your own risk and your use of such sites is subject to that site’s terms and conditions. The Principal author, Team and Company are not responsible for the content of any linked or connected sites and makes no representations or guarantees regarding the privacy practices of accuracy of materials presented on such sites.
DISCLAIMER OF ALL WARRANTIES
Content made available on this Blog is provided on an “as is” and “as available” basis without warranties expressed or implied. Under no circumstances will the Principal author, Company or team be liable to you or any other person for direct, indirect, incidental, consequential, special, exemplary or other damages under any legal theory including without limitation tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. .
You agree to indemnify and hold the Principal author, Team and Company harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available to you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Content contained therein.
The Principal author, Team or Company may modify the terms, conditions and content of this Agreement in whole or in part at any time for any reason without any notice to you, based on their discretion. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.
You accept that this Agreement represents the entire understanding between you and the Principal author, Team and Company concerning use of the Blog.