The Arkansas Center for Health Improvement (ACHI) develops, operates and maintains this website in its role as the APCD Administrator. The terms and conditions set forth below govern your use of this website of ACHI and are legally binding on you. If you do not agree with any of these terms or conditions, do not use or access this site or any information contained on the site. By using the website, you agree to abide by the following Terms of Use (“Agreement”). You further agree to be bound by the terms and conditions of our Privacy Policy which together with this Agreement govern our relationship with you regarding this website.

GENERAL USE RESTRICTIONS

All information, documents, products, software and services provided on this website, including trademarks, logos, graphics and images (the "Information") are provided to you by ACHI or its licensors. ACHI and its licensors shall own all right, title and interest to the Information contained on this website. You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to this Information.

ACHI grants you the limited right to display the Information only on your personal computer, and to copy and download the Information on the website, provided that: (1) both the ACHI copyright notice (set forth below) and this permission notice appear along with the Information so displayed, copied or downloaded; and (2) such display, copy or download is solely for your personal or internal use and is not to be distributed or otherwise transmitted outside of your home or company, or otherwise broadcast or reposted in any media. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Information in any manner. This limited license terminates automatically, without notice to you, if you breach any of these terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Information.

ACCURACY OF INFORMATION

ACHI is committed to making timely and accurate Information on health care utilization, cost, safety and quality publicly available, but makes no guarantee regarding the accuracy, completeness, or currency of the Information provided through the website. No guarantee regarding the completeness of the data submitted to ACHI, nor its representativeness with respect to the population of the State of Arkansas, or elsewhere, is either made or implied. ACHI is not responsible for any errors, omissions or other discrepancies.

Data presented on this website is not intended for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you suspect you have a health problem, contact your health care provider.

THIRD PARTY CONTENT

Certain materials and content may be provided by third parties (the "Third Party Content" or “Content”) to ACHI in its role as APCD Administrator. Such Third Party Content may be, in each case, the copyrighted work of the creator/licensor. ACHI DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache or display any of the Content except as set forth in this Agreement. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner.

LINKING

Without the prior written consent of ACHI, you may not use any of ACHI’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to: 1) imply affiliation with or endorsement or sponsorship by ACHI; 2) cause confusion, mistake, or deception; 3) dilute ACHI's trademarks or service marks; or 4) otherwise violate state or federal law.

NO FRAMING

You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Information or Third Party Content contained on or accessible from the website on any other server or Internet-based device without the advance written authorization of ACHI or its licensors, respectively.

LINKS TO EXTERNAL WEBSITES

The website may be linked to other websites on the World Wide Web or Internet that are not under the control of or maintained by ACHI (“External Websites”). Such links do not constitute or imply an endorsement, recommendation, or favoring of any specific commercial product, viewpoint, or service referenced on those External Websites by ACHI. You acknowledge that ACHI is providing these links to you for informational resources only, and further agree that ACHI is not responsible for the content of such External Websites. Your use of other websites is strictly voluntary and subject to any terms of use and privacy policies located on the linked External Websites, and ACHI encourages you to review those terms prior to using such External Websites. Links may be removed or replaced at the sole discretion of ACHI, ay any time and without notice.

UNAUTHORIZED ACTIVITIES

You agree not to use the website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website. You further agree not to use automated scripts to collect Information from or otherwise interact with the website.

You acknowledge that unauthorized use of Information or Third Party Content contained on the website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions.

TRADEMARKS

All marks designated as such are trademarks of ACHI and the Arkansas APCD in the United States and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners. You may not remove or alter any trademark. You may not use any trademark displayed on the website without the express prior written permission of ACHI, or the respective owner, and nothing contained on this website grants by implication, waiver, estoppel, or otherwise any right to use such trademarks.

COPYRIGHT NOTICE

All information and screens appearing on the website including documents, products, software and services, graphics, text elements, website design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole copyrighted property of ACHI unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

COPYRIGHT VIOLATIONS

ACHI respects the intellectual property of others, and we ask website users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement and appears on our website, please provide ACHI with the following information in accordance with the Digital Millennium Copyright Act (DMCA):

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. an identification of the copyrighted work that you claim has been infringed;
c. a description of material that you claim is infringing and its location on the website;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement on this website should be sent to:

Postal Address: Arkansas Center for Health Improvement, 1401 W. Capitol Ave., Suite 300, Little Rock, AR 72201
Attention: APCD Administrator
Email: info@achi.net
Telephone: (501) 526-2244
Fax: (501) 526-2252

MODIFICATION OF AGREEMENT & NOTIFICATION

You agree that ACHI may change this Agreement from time to time, in its sole discretion, and without notice by updating this posting on this site or placing this Agreement in other locations ACHI deems reasonable. You agree that your continued use of the site after such modifications have been posted (or placed in other locations ACHI deems reasonable) constitutes your acceptance of such revised terms.

CONTINUITY OF SERVICE

ACHI is committed to maintaining the accuracy and timeliness of Information and Third Party Content available through the Site, but makes no promise or warranty to maintain or update this Information or Content. ACHI, at its sole discretion, may suspend or discontinue this service at any time, or it may elect to charge a fee for certain types of website access or use, where not otherwise restricted by law or contractual obligations.

ASSUMPTION OF RISK & INDEMNITY

Information and Third Party Content made available through the website is intended solely for your personal use. Users of information made available through the website assume all risks of the use or reliance on such information. ACHI, its employees, partners and agents shall not be held liable for any damages for viewing, distributing or copying of the Information or Third Party Content made available to the public on the website.

You agree to indemnify and hold ACHI, its licensors, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) made by any third party arising out of or in connection with your breach of this Agreement or your violation of any law or the rights of a third party.

ACHI is an agency of the State of Arkansas. The State of Arkansas and its agencies are protected from suit by sovereign immunity. Nothing on this website is intended to nor shall it waive the sovereign immunity of ACHI.

DISCLAIMER OF WARRANTIES

You acknowledge and agree that the website may include certain errors, omissions, or outdated materials which may affect the accuracy, reliability or timeliness of the Information and the Third Party Content. You acknowledge that neither the Information nor the Third Party Content have been independently verified or authenticated in whole or in part by ACHI, and agree that ACHI does not warrant the accuracy, reliability or timeliness of the Information or the Third Party Content, and further agree that ACHI shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such Information and the Third Party Content, whether provided by ACHI or its licensors. Any person or entity that relies on any Information or Third Party Content does so at their own risk.

ACHI, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR THIRD PARTY CONTENT CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR THIRD PARTY CONTENT CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

LIMITATION OF LIABILITY

ACHI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR THIRD PARTY CONTENT CONTAINED ON THE SITE. IN NO EVENT SHALL ACHI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF ACHI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

MONITORING AND PROTECTING THE SYSTEM FROM INTRUSION

All ACHI computer systems are subject to monitoring to assure proper functioning of the system and to provide security for the computer system’s operation. By accessing and using this website, you are consenting to the exercise of such monitoring practices. ACHI shall have the right to use any legally appropriate measures to prevent and investigate anyone attempting to modify deface, delete, or otherwise tamper with or abuse any technology asset of ACHI, including, but not limited to this website, server, database, or information system of ACHI.

GOVERNING LAW

By visiting or using the website, you agree that the laws of the State of Arkansas, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and ACHI. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Arkansas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Arkansas.

FILING OF CLAIMS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose.

WAIVER

Our failure to exercise or enforce any right or provision of this Agreement, or any failure to act with respect to a breach, shall not constitute a waiver of such right or provision.

SEVERABILITY

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void or unenforceable, the parties nevertheless agree that the court shall strike such provision and the other provisions of this Agreement shall remain in full force and effect.

CAPTIONS Section titles in this Agreement are for convenience only and have no legal or contractual effect.

ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement between you and ACHI with respect to the subject matter herein.