Terms and Conditions of Use and Full Policy for Physician's Choice(TM)

(STERI STANDARDS(TM), Live Locator (TM), and Education AI(TM))

 

Welcome to Physician's Choice, an application and AI Agent service (collectively, the "Service") provided by Marcus1Media, LLC ("Marcus1Media," "we," "us," or "our").

By accessing or using the Service, you and the organization you represent ("User" or "you") agree to be bound by these Terms and Conditions of Use (the "Terms") and the accompanying Full Policy (collectively, the "Agreement"). If you do not agree to the terms of this Agreement, you may not use the Service.

 

1. Physician's Choice: Beta Testing and Ownership

 

 

1.1 Ownership and Trademark

 

Physician's Choice is owned and controlled solely by Marcus1Media, LLC. The name "Physician's Choice" is a trademark of Marcus1Media, LLC.

 

1.2 Beta Testing Status

 

The Service is currently available for beta testing purposes only. By using the Service, you acknowledge its beta status and that it may contain errors, defects, or features that may not function as intended. Marcus1Media, LLC makes no warranties or guarantees regarding the full functionality, reliability, or future availability of the Service. Use of the Service is entirely at your own risk.

 

1.3 Distribution

 

The Service is not for wide distribution. Access is limited to authorized users as determined by Marcus1Media, LLC. Any distribution outside of an organization’s authorized use is strictly prohibited. The Service may only be distributed or shared externally through a written agreement with Marcus1Media, LLC or its assigned designee(s) via contractual agreements.

 

2. Purpose and Scope of Use

 

 

2.1 Intended Use

 

The Service is a tool strictly for interacting with a database of equipment information provided by your organization. Its purpose is to ease the set up, breakdown, and interaction between staff members regarding the equipment utilized by surgeons for their procedures.

 

2.2 Not a Patient Privacy Application

 

The Service is explicitly NOT a privacy application for patient information. Users are strictly prohibited from inputting, storing, or processing any Protected Health Information (PHI) or any other personally identifiable patient data within the Service. The Service is not designed to comply with HIPAA or other health privacy regulations for patient data.

 

2.3 User Responsibility

 

You are solely responsible for all information inputted into the Service. Marcus1Media, LLC is not liable for incorrect input information. You acknowledge that the effectiveness of the Service is dependent on the accuracy and completeness of the data you provide.

 

3. Disclaimers, Liability, and Risk

 

 

3.1 Use at Your Own Risk

 

You acknowledge and agree that your use of the Service is at your own risk. The Service is provided on an "as-is" and "as-available" basis.

 

3.2 AI Hallucination Warning

 

The Service includes an AI Agent. You are fully aware that AI can hallucinate (generate false or misleading information). You must independently verify all information and recommendations provided by the Service or AI Agent before taking any action based on them. Marcus1Media, LLC is not liable for any actions taken or decisions made based on AI-generated information.

 

3.3 No Liability for Harm or Misuse

 

To the maximum extent permitted by law, Marcus1Media, LLC, any affiliated owners, or other organizations are not liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Service, including but not limited to:

• Misuse of the application or AI Agent.

• Patient harm, staff harm, or physician harm resulting from the use or reliance on the Service.

• Damages resulting from errors, omissions, interruptions, or defects in the Service.

 

3.4 No Refund Policy

 

We do not offer a refund for any fees or costs associated with the beta testing or use of the Service.

 

4. Feedback and Dispute Resolution

 

 

4.1 Feedback

 

We value your feedback. By submitting any ideas, suggestions, bug reports, or other information regarding the Service ("Feedback"), you agree that Marcus1Media, LLC is free to use such Feedback for any purpose without any compensation or obligation to you.

 

4.2 Mediation

 

Any and all mediation required for disputes arising through the use of the application or AI Agent shall be at the sole discretion of Marcus1Media, LLC or its assigned designee(s). You agree to submit to the resolution process determined by Marcus1Media, LLC.

 

5. Termination

 

Marcus1Media, LLC reserves the right, in its sole discretion, to terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to breach of this Agreement. Upon termination, your right to use the Service will immediately cease.

By clicking "I Agree" or by accessing and using Physician's Choice, you affirm that you have read, understood, and agreed to all the terms and conditions set forth in this Agreement.