Effective: January 1, 2022.
Welcome to Education Development Center, Inc., (“EDC”) and thank you for using Zero Suicide Data Dashboard by EDC (“Dashboard”). This Dashboard is not intended to track individual health records and is not intended to collect information that directly identifies a data subject (such as individual’s name, email or other personally identifiable information). For this reason, you must not enter patient-level data or any other protected information into the Dashboard. Prior to your use of any of the materials prepared by EDC, including but not limited to this Dashboard or any supporting materials, please read these Terms of Use (“Terms”) carefully.
By using our Dashboard, you acknowledge that you completed the review of these TERMS and agree to be legally bound by this agreement. If you do not understand or do not agree to any terms of the agreement, you must stop using the Dashboard.
1. Content License
As part of the Dashboard provided under this agreement, EDC may share with you various materials protected by copyright. Copyright is a type of intellectual property that protects various creative works of authorship, including training materials, articles, photographs, and illustrations. To permit your effective use of the Dashboard and to the extent EDC has the legal right to do so, EDC grants you, as a participant, a limited, non-exclusive, and non-transferable permission to access and view the Dashboard and its related training materials, solely for your personal, non-commercial, educational purposes in connection with your training participation for which you have paid all required fees. All other uses of the Dashboard and any materials you obtained in connection with the Dashboard are expressly prohibited. You must not reproduce, redistribute, sublicense, transfer, perform, transmit, display, sell, edit, modify, adapt, or prepare any derivative works of the Dashboard or its associated training materials without prior written approval of EDC.
2. Ownership
You understand that EDC has developed and acquired over a substantial number of years intellectual property rights to the Dashboard and its associated training materials. All right, title and interest in and to the materials, including EDC training materials and any content EDC’s employees or consultants submit or provide as part of the Dashboard pursuant to this agreement and all intellectual property rights in connection with the Dashboard are and will remain the exclusive property of EDC and its licensors. You agree not to use EDC’s name, logo, or trademark without prior written consent of EDC.
3. Modification, Termination
EDC reserves the right in its sole discretion to modify and make changes to these Terms at any time. You agree that EDC may terminate your use of the Dashboard or materials, including for any violation of these Terms for any reason in EDC’s sole discretion. Information about modifications to these Terms or termination of use will be communicated to registered users of the Dashboard via email.
4. Disclaimer of Warranty /Limitation of Liabilities
The Dashboard and any materials are provided on an “as is” and “as available” basis. EDC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION AND MATERIALS PROVIDED AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. USE OF THE SERVICES AND MATERIALS OBTAINED FROM OR THROUGH EDC IS AT YOUR OWN RISK.
5. Indemnification and Limitation of Liability
To the extent permitted by law, you agree to defend, indemnify, and hold harmless EDC, its trustees, directors, officers, employees and agents, and their respective successors, heirs and assigns from and against any third-party claims, actions, or demands, losses, damages, or expenses (including attorney fees) arising from or relating to your use of the Dashboard or materials, or your violation of these Terms or any rights of a third party. Your indemnification obligation must survive the termination of this agreement.
You agree to assume all risks associated with the use of any materials provided to you as part of the Services. EDC shall be held harmless and will not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, arising out of or in any way connected with the use or misuse of the information provided to you hereunder, or from any information, documents, services, websites, or other material provided hereunder, or otherwise arising from the Services, whether based on contract, tort, strict liability or otherwise. EDC shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or action taken or not taken in reliance upon information furnished.
6. Dispute Resolution
We believe that most disputes can be resolved amicably and in a timely way. Before filing a formal legal claim in connection with the Dashboard or materials provided under this agreement, please first contact EDC project team with your concerns or questions. If we can’t resolve our dispute amicably or in a timely way, you and EDC agree that any claim or dispute arising out of or relating to the agreement, the Dashboard, or materials obtained from or through EDC will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Waltham, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
7. Data Privacy and Protection
You understand that EDC may compile and use aggregate Data derived from the performance of services under this agreement for statistical analyses, reports, and training purposes. Personally identifiable data, or data that identifies your specific organization, will be fully de-identified. By using the Dashboard, you agree to this Use. EDC will not pass any personal data onto anyone outside of EDC, and its lawful assignees without first obtaining our consent. EDC may link to third party websites. EDC is not responsible for the data policies, procedures, or content on these third party websites. EDC endeavors to take all reasonable steps to protect Data that constitutes personally identifiable information including the use of encryption technology, but cannot guarantee the security of any Data disclosed. You accept the inherent security risks of being and transacting on-line over the internet and will not hold EDC responsible for any breach of security. If you wish to change or update the Data EDC holds about you please contact us.
In addition, Data entered into the Dashboard may be presented in aggregate to allow other health organizations to compare themselves to other organizations sharing similar characteristics, including size, venue, and/or systems type. Comparisons will only be made if there are at least two other organizations with matching characteristics, allowing comparison metrics to be reported in aggregate, with site names and any unintended identifiers removed. Should the analysis of Data be submitted for publication, EDC will use only aggregate data and will not refer to specific organizations unless permission is granted in advance.
8. How to Contact EDC
To leave the system or remove your data, please contact our system administrator. Users will be contacted by our system administrator via email if the terms and conditions of this system change. If you have any questions regarding the Use of the data collected in connection with the Dashboard, please contact us at the following email address: contact@edc.com.
9. Relationship Between You and EDC
You and EDC agree that nothing in this Agreement is intended to create a joint venture, partnership, agency, employment, or contractor relationship between us.
10. No Assignment
You understand and agree that you may not assign or transfer any rights or licenses granted under this Agreement, in whole or in part, without the written consent of EDC. Absent such consent, any assignment or transfer is void.
11. Entire Agreement
This Agreement constitutes the entire agreement between you and EDC with respect to your use of the Services and materials, superseding any prior agreements between you and EDC regarding your use of the Service and materials.
12. Survival.
The following sections shall survive the expiration or termination of these Terms: Sections 5 Ownership; Section 6 Disclaimer of Warranty /Limitation of Liabilities; Section 7 Indemnification and Limitation of Liability; Section 8 Dispute Resolution; Section 9 Data Privacy and Protection.
Last modified: May 24, 2022.
