Subscription Terms and Conditions

The following Terms and Conditions apply to all subscribers of HealthQuest Subscriptions from MCOL. By participating as a subscriber, Subscribers agree to the following:

I. Annual Payment, Renewal and Effective Dates

Subscriptions require annual payment to remain in effect. Subscriptions become effective upon receipt of payment, and will remain in effect for one year from the effective date. Subscribers will receive conformation notice upon their original effective date. Subscribers will receive notice and invoice to renew in advance of the annual renewal payment date. Platinum Subscribers will receive the current Platinum CD-ROM upon their initial Effective Date, and an updated CD-ROM upon each renewal. Mid Year upgrades to a Platinum Subscription will retain the original effective and renewal dates, and will receive the current Platinum CD-ROM at the time of upgrade, and and updated CD-ROM upon renewal.

II. Cancellation Policy

Subscriptions may be cancelled at any time. However, refunds will only be issued for cancelled subscriptions as follows:

1. Subscribers may obtain a full refund less a $25 processing fee for any reason if subscription is cancelled within five (5) days of the effective date. Platinum Subscribers must also return the Platinum CD-ROM within the five days and include a signed attestation that no files or data from the CD-ROM were retained by the Subscriber in any form.
2. Subscribers may obtain a 50% refund if they cancel for any reason between the sixth and thirtieth day from their effective date. However, this 50% refund only applies to the base subscription price, and does not apply to the value of the CD-ROM upgrade portion for Platinum Subscribers.

MCOL may cancel a Subscription if Subscriber is found by MCOL to have violated the Terms and Conditions set forth herein.  

III. Title

MCOL holds full and complete title to the Subscription Data, regardless of the media or form on or in which the original subscription data may exist. This license does not constitute a sale of the Subscription Data, only a non-exclusive grant of license.

IV. Individual Subscription Use

Except for Corporate Subscriptions as set forth below, the Subscriber is permitted by MCOL individually access the HealthQuest Subscription web site, and is not permitted to share their username/password access to the HealthQuest Subscription web site with other individuals. Furthermore, Platinum Subscribers may use one copy of CD-ROM Database files on one computer, and may install Database files to the hard disk drive of said computer, and if Platinum Subscriber installs Database files on a network server, Platinum Subscriber agrees to maintain system controls to limit network use to one computer at a time, and prevent simultaneous use by two or more users.  

V. Corporate Platinum Subscription Use

Corporate Subscriptions must meet the following terms of eligibility:

1. Corporate Subscriptions are only available to single organizations.
2. Associations or other groups of separate organizations may not combine for one Corporate Subscription.
3. The employees to be covered under a Corporate Subscription must be one or more entire office locations within an organization, or one or more entire departments within an organization.
4. An organization does not have to cover all of their employees under a Corporate Subscription, as long as they cover one or more entire office locations or departments.

The annual price of the Corporate Subscription is based upon the number of covered employees according to the above eligibility requirements. 

Under Corporate Subscriptions, one current Platinum CD-ROM is issued to the organization upon the original effective date and at each renewal. The organization is licensed to make the contents available to each covered employee by copying the CD-ROM or by placing the contents on a network server. However organization is not permitted to make copies of the CD-ROM of provide network access to the CD-ROM contents to other individuals that are not covered employees.

VI. Copyright

This Subscription Web Site Content, and Platinum CD-ROM is protected by United States copyright laws and international treaty provisions. You must treat said Content and CD-ROM like any other copyrighted material, with reproduction and access to content limited to the terms and conditions set forth herein.

VI Assignment and Other Restrictions

You may not rent or lease Subscription to third parties. You may permanently transfer and assign this Subscription to a third party, provided the party agrees to the terms of this Agreement, and you retain no access to Subscription or Platinum CD-ROM data.

VII. Limited Warranty

MCOL warrants Subscription will perform substantially in accordance as described in www.healthquestpublishers.com, that the subscription web site will generally be available for use by Subscriber except for occasional down-time and periodic maintenance, and that the Platinum CD-ROM and will be free from defects in materials and workmanship under normal use and service for a period of five (5) days from the date of receipt.

VIII. Subscriber Remedies

Subscribers may obtain cancel subscriptions and obtain refunds as set forth in section II above. Subscribers that experience MCOL-caused web site down time or other MCOL system wide loss of functionality exceeding one-hour per incident and not attributable to  Subscriber-specific client-end problems, may submit written request for one additional day be added to their annual subscription period before renewal for each documented incident, subject to verification by MCOL and not to exceed one day per the date of incident regardless of the number of incidents that occurred during that day. MCOL will replace Platinum CD-ROMs at no charge within the Limited Warranty period, upon MCOL receipt of CD-ROM from Subscriber. Any replacement CD-ROM is warranted for five (5) days.

IX. No other Warranties

MCOL disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to Subscription.

X Other Provisions

1. Governing Law. This Agreement is governed by the laws of the State of California.

2. Notices. Notices to MCOL regarding provisions of this Agreement should be mailed to: MCOL, 1101 Standiford Ave., Suite C-3, Modesto, CA 95350.

©MCOL, 2005. All rights reserved