PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING DATA.
These terms and conditions govern the release and use of the data made available to each requestor (“you”) from this site.
You acknowledge that all data downloaded from this site is suppressed prior to release, according to the CMS suppression policy, which states that no cell (e.g., admissions, discharges, patients) combining a count of less than 11 may be displayed nor may any use be made of percentages or other mathematical formulas if they result in, or imply, the display of a cell of less than 11.
You agree to include the following acknowledgement in all articles, press releases or other publications in which data obtained from this site is published. Such acknowledgement shall reference only the specific data obtained from this site and no other data.
“The data set forth at [INSERT REFERENCE TO LOCATION OF DATA OBTAINED FROM THIS SITE] of publication/press release was obtained from The Dartmouth Atlas, which is funded by the Robert Wood Johnson Foundation and the Dartmouth Clinical and Translational Science Institute, under award number UL1TR001086 from the National Center for Advancing Translational Sciences (NCATS) of the National Institutes of Health (NIH).”
You will not use, intentionally or unintentionally, any of the data released to you in a manner contrary to, or in violation of, applicable law, such as laws pertaining to data protection or privacy.
You will not use this site in any manner that could harm, infect, take over, disable, overburden or otherwise impair any of the computer systems used for this site, including the servers, networks, or other components connected to or used for this site.
None of the Trustees of Dartmouth College (“Dartmouth”), its trustees, officers, employees or agents, nor any of Dartmouth’s licensors or suppliers, guarantee, or accept any liability or responsibility for the accuracy, currency, or completeness of the data available from this site. Therefore, TO THE FULLEST EXTENT PERMITTED BY LAW, DARTMOUTH, ITS TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS, AND DARTMOUTH’S LICENSORS AND SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, IN NO EVENT SHALL DARTMOUTH, ITS TRUSTEES, OFFICERS, EMPLOYEES OR AGENTS, OR ANY OF DARTMOUTH’S LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, DAMAGES FOR PERSONAL INJURY OR DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM INACCURATE DATA) RESULTING FROM THE USE OF, OR THE INABILITY TO USE, ANY DATA AVAILABLE FROM THIS SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THE FOREGOING PERSONS OR ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Data from this site will be transmitted to you over a medium that may be beyond the control and jurisdiction of Dartmouth and its licensors and suppliers. Accordingly, neither Dartmouth nor any of its licensors or suppliers assume any liability for or relating to the delay, failure, interruption, or corruption of any data or other transmitted information.
Dartmouth is not acting as a “business associate” (as that term is defined in 45 CFR 160.103) of any person or entity in connection with this site or the use of any data obtained from this site by such person or entity. Dartmouth is not operating this site for the purpose of providing any services to any “health care provider” (as defined in 45 CFR 160.103) or any “health plan” (as defined in 45 CFR 160.103).
You agreed to defend, indemnify, and hold harmless each of Dartmouth, its trustees, officers, employees, and agents, and each of Dartmouth’s licensors and suppliers, from and against any third party claims, actions or demands, liabilities, expenses or settlements, including without limitation reasonable legal and accounting fees, resulting from your violation of these Terms and Conditions or from your use, including any sublicensing by you, of any data obtained from this site.
These Terms and Conditions are governed by the internal substantive laws of the State of New Hampshire, USA, without regard to its conflicts of laws provisions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
You expressly agree that exclusive jurisdiction for any dispute with Dartmouth, or in any way relating to your use of this site, resides in the courts of the State of New Hampshire. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Hampshire in connection with any such dispute, including without limitation any claim involving Dartmouth, its trustees, officers, employees, agents, licensors or suppliers.
Stephanie Tomlin MS, MPA
DAC Director of Operations
The Dartmouth Institute for Health Policy and Clinical Practice