Terms and conditions for use of MCN Healthcare's content and services

MCN Healthcare Terms and Conditions

BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (the "Agreement") governing your use of MCN Healthcare’s (MCN’s) online service and content, including offline or downloaded components (collectively, the "Service"). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must decline this Agreement and may not use the Service.

LICENSED FOR A SINGLE FACILITY: Your subscription to MCN’s policy manuals, ellucid Policy Library, course content, or StayAlert service gives you rights to use the policy templates, email alerts, course content, and provided information within a single facility. Your purchase of MCN’s videos gives you rights to display the video to all employees within a single facility.

RESTRICTIONS ON SHARING: Except with MCN’s prior written consent, this agreement is to provide MCN Service to one specific “single-site” facility location. Corporate, enterprise, multi-site agreements are available by contacting MCN. You agree not to share access to MCN’s service, user accounts or passwords with anyone outside of your single facility location. You further agree not to share content from MCN’s service with anyone outside of your single facility location, including notification emails from MCN; customizable policies, procedures, forms and competency assessments; access to online courses; or any content that has been customized to your facility and derived from MCN sources.

NO PERPETUAL USE: At the end of your subscription term, you may continue to use the policies that you have customized for use within your own facility, but you may not retain copies of MCN’s uncustomized content.

MCN (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the MCN Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, MCN Technology or the Intellectual Property Rights owned by MCN. The MCN name, the MCN logo, and the product names associated with the Service are trademarks of MCN or third parties, and no right or license is granted to use them.

OTHER RESTRICTIONS: MCN hereby grants you a non-exclusive, non-transferable right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by MCN and its licensors.

You may not access the Service if you are a direct competitor of MCN, except with MCN's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

The contents of this Service are based on federal regulations and the published standards of the Joint Commission. State and local regulations should be included where appropriate. MCN Healthcare is not affiliated with Joint Commission or any state or federal government agency. All policies, procedures and forms must be made specific to the individual healthcare facility. All job descriptions and competency assessments provided are templates containing recommendations and suggestions for compliance with regulatory guidelines.

Information presented and links to external websites are subject to change. MCN is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. If you use any links to web sites not maintained by MCN, you do so at your own risk. The information is provided as a service to our clients. However, it does not constitute legal advice and is provided for informational purposes only. Every attempt is made to provide accurate information and interpretation of regulatory standards. However, we make no warranty, express or implied, about the accuracy or reliability of the information at this web site or at any other web site to which this Service is linked. The user assumes full responsibility to verify the accuracy of this information. Before you take any action, we strongly advise that you seek advice from your legal and risk management department.

LICENSING FEES: You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made annually in advance unless otherwise mutually agreed upon in a separate agreement. All payment obligations are noncancelable and all amounts paid are nonrefundable. You must provide MCN with valid credit card or approved purchase order information as a condition to signing up for the Service.

MCN charges and collects in advance for use of the Service. MCN will automatically issue an invoice to you each year on the subsequent anniversary for annual licenses. MCN reserves the right to raise fees on an annual basis. Fee increases, as reflected in renewal invoices, shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. All pricing terms are confidential, and you agree not to disclose them to any third party. MCN's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on MCN's income.

MCN reserves the right to immediately suspend service in the event of non-payment. Such suspension does not relieve you from the obligation to pay for service under the terms of this agreement.

You agree to provide MCN with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, MCN reserves the right to terminate your access to the Service in addition to any other legal remedies.

All fees will be billed in U.S. dollars and subject to U.S. payment terms.

If you believe your bill is incorrect, you must contact us in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. Upon expiration or termination of this Agreement, you agree that all electronic and paper copies of non-customized MCN content will be removed from your computers, servers, network and premises.

MCN Healthcare Terms & Conditions, Rev. 07.06.19