Okay, here’s all the boring (but important!) legal stuff that our lawyers require. Ready?
Effective date: May 20, 2020
Acceptance of Terms
Welcome to Bedsider.org and the Bedsider network (collectively, “Bedsider”). These terms also apply to AbortionFinder.org. Bedsider.org and AbortionFinder.org are operated by Power to Decide, the campaign to prevent unplanned pregnancy (“Power to Decide,” “we,” or “us”). In exchange for access to Bedsider.org or AbortionFinder.org, users (“you”) must agree to enter into this contract, called the Terms of Use, with Power to Decide.
Please read these Terms of Use carefully, because this document is a legal contract, and by using Bedsider.org you agree to its terms.
1. Reminder Services
The Bedsider Reminder Services consist of one or more of the following: a web-based, mobile-web, or SMS interface, messaging applications, data encryption, data transmission, data access, and data storage. We provide outbound messages through different routes, and the level of reliability and support for special features varies according to the route.
How to Unsubscribe: To unsubscribe (or opt-out) of our SMS service, text “STOP” to (254) 414-2411 and you will be unsubscribed from our SMS text messaging service immediately. We will send you an SMS confirming that you have been unsubscribed and you will not receive any additional messages unless you re-register on our website and text “START” to (254) 414-2411. To unsubscribe from email click the “unsubscribe” link at the bottom of any email. You may also unsubscribe from the email and SMS service by changing your account settings on the website.
How to get help or support: To get help, email us at support@bedsider.org.
Fees: Our service never charges consumers to send or receive text or email messages. However, according to your individual mobile service plan, your wireless carrier’s message and data rates may apply.
Supported Carriers: AT&T, Boost, Carolina West (ACG), Cincinnati Bell, Cellular South, Cellcom, Cricket/Leap, GetLisa/ClearSky, MetroPCS, Nextel, nTelos, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, Virgin Mobile.
Bedsider provides that the text messages and email sent to you through its Reminder Services are processed correctly and delivered to the applicable network. Bedsider is not responsible for the final delivery of the message as this is out of our control and is the responsibility of the cellular telephone operator, Internet service provider, other network, or end user.
Alerts sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.
2. Member Conduct
You agree and warrant that you will not use Bedsider.org or AbortionFinder.org to participate, act, provide, or do anything that is either illegal or inconsistent with these Terms of Use, or that we deem improper, including, but not limited to, piracy, copyright infringement, harassment of other users, or violent behavior. You agree to use Bedsider.org and AbortionFinder.org in accordance with all applicable laws. As a condition of your access to Bedsider.org and AbortionFinder.org you warrant that you will not use them for any purpose that is either unlawful or inconsistent with these Terms of Use. We may restrict, suspend, or terminate your access to Bedsider.org or AbortionFinder.org without notice to you if we believe that you have violated any law or these Terms of Use. You agree that you will only access Bedsider.org and AbortionFinder.org through the interfaces we provide. You agree not to ”hack” our sites, reverse-engineer them or take any action that could have the effect of damaging Bedsider.org or AbortionFinder.org or their security, or interfere with other users’ use of Bedsider.org or AbortionFinder.org, either on the web or through another device. Bedsider.org is not intended for users under 18. By entering Bedsider.org you affirm and warrant that you are 18 years old or older.
3. Registration
Whenever we ask you for personal information in a registration form or elsewhere on Bedsider.org, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Bedsider immediately of any breach of security or unauthorized use of your account. You agree to inform us of any information you provide that you do not wish to be made available to other users of Bedsider.org by entering your preferences through the “Edit Personal Profile” option on the “myAccount” menu. If you want us to keep any information private and are unable to indicate that preference through the “Edit Personal Profile” section, you can also e-mail us at support@bedsider.org.
4. Our Intellectual Property
Bedsider.org and AbortionFinder.org are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Except as otherwise specified in these Terms, all individual articles, content and other elements comprising Bedsider.org are also copyrighted works. All copyright rights in Bedsider.org and these works are owned by Power to Decide or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws, and are provided for your educational and non-commercial purposes only. You must abide by all additional copyright notices or restrictions contained on Bedsider.org. You agree to use Bedsider.org and AbortionFinder.org only for your own personal and non-commercial use. We do not grant you a license to use Bedsider.org or AbortionFinder.org for any other purpose. Except for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of Bedsider.org or AbortionFinder.org without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of Bedsider.org or AbortionFinder.org over any network, including a local area network, nor sell or offer it for sale. To request express written permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of Bedsider.org or AbortionFinder.org, please contact us at support@bedsider.org. All rights in the product names, company names, trade names, logos, product packaging, and designs of all Bedsider.org and AbortionFinder.org or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Power to Decide or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on Bedsider.org or AbortionFinder.org confers on you any license or right under any patent or trademark of Power to Decide or any third party.
5. User Content and Communications
Bedsider.org contains features that allow users to post their own content and communicate with others. When you submit, post, or add content to Bedsider.org, or communicate with other users through Bedsider.org (collectively, “User Submissions”), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein.
When you provide any User Submission to us, you grant us, our affiliates, and our partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called “moral rights” in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed.
Bedsider.org is a community site accessed by users across the country, and we require all users to be good neighbors. By using the site, you agree that none of your User Submissions will:
- infringe on the intellectual property, trade secret, privacy, or publicity rights of others;
- contain false statements or misrepresentations that could damage Bedsider.org or any third party;
- include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by Power to Decide in its sole discretion;
- be illegal or otherwise objectionable to Power to Decide; or
- include commercial advertisements or solicitations.
Because Bedsider.org is a public service and websites are located in public places, we can’t guarantee that any User Submissions, even those that you don’t intentionally publish, will remain confidential.
Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.
If you notice that any other user’s submissions appear to violate these Terms of Service, or if any other user ever makes you feel harassed or unsafe, please contact us by e-mailing support@bedsider.org.
You understand and agree that User Submissions are neither owned by nor provided by Bedsider.org and Power to Decide, and that Power to Decide is in no way responsible for such User Submissions or any related conduct or practices.
6. Notice of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material on the Service that is requested to be removed; © your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; (d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Our copyright agent for notice of claims of infringement on Bedsider.org is: Julie Satterwhite, jsatterwhite@powertodecide.org.
Power to Decide
1776 Massachusetts Avenue, NW
Suite 200
Washington, DC 20036
(tel) 202-478-8500
(fax) 202-478-8588
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512©(3)), and will terminate the Service privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
7. Links
Bedsider.org may, as a convenience to users, provide links to third-party content and other websites, through links made available by Bedsider.org, our users, or third parties. We do not endorse, sponsor, or accept any responsibility for such material. Power to Decide is not responsible for the content or privacy practices of any linked sites.
8. Limitation of Liability
You understand that Bedsider.org and AbortionFinder.org are online services, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the website, for any reason, including costs incurred while using Bedsider.org or AbortionFinder.org, the inaccessibility of Bedsider.org or AbortionFinder.org, or the costs associated with any claims you bring or try to bring against us.
Specifically, but without limitation, you agree not to hold Power to Decide liable for damages you claim are caused by third parties who contact you using Bedsider.org or AbortionFinder.org or become aware of your identity through the use of Bedsider.org or AbortionFinder.org, and you understand that, while such behavior is a violation of these Terms of Use, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of Bedsider.org.
In no event will Power to Decide or its affiliates, or any party involved in creating, producing, or delivering the site be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the site or any linked sites, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. In the event that you have a dispute with another user related to, arising from, or in any way connected with use of the site, you release Power to Decide from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
9. Indemnity
You agree to indemnify Power to Decide and our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (the “Power to Decide’s parties”) against, and hold the Power to Decide’s parties harmless from liability, losses, costs, and expenses (including attorney’s fees) incurred as a result of your use of Bedsider.org or claims made in connection with such use.
For example, and without limitation, if you use Bedsider.org or AbortionFinder.org to do something illegal, you agree not to sue us if another party takes action against you for it, and if you do sue us you would have to pay our costs and attorney’s fees in defending that action. Also, if any other party takes action against you or if your property is damaged in connection with your legal use of Bedsider.org, even if that use is permitted by these Terms of Use, you agree not to sue us. If you try to sue us even though you have agreed not to do so, you would be responsible for our costs and legal fees in connection with our defense of that suit.
10. Disclaimer of Warranties
This site is provided “as is.” Power to Decide makes no representation or warranty of any kind whatsoever relating to the site, linked sites, user submissions, or other content that may be accessible directly or indirectly through the site. Power to Decide disclaims to the maximum extent permitted by law any and all such representations and warranties.
Without limiting the generality of the foregoing, Power to Decide disclaims to the maximum extent permitted by law any and all (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third-party intellectual property or proprietary rights, © warranties relating to the transmission or delivery of the site, (d) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the site or otherwise by Power to Decide, and (e) warranties otherwise relating to performance, nonperformance, or other acts or omissions by Power to Decide or any third party. Further, there is no warranty that the site will meet your needs or requirements or the needs or requirements of any other person.
Power to Decide makes no warranties or representations, express or implied, (a) that the information provided through the site will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the site will be available at any particular time or location; © that defects or errors in the site will be corrected; or (d) that the content on the site is free of viruses or other harmful components. Any information on this site is subject to change without notice, and Power to Decide disclaims all responsibility for these changes.
11. Termination
This agreement may be terminated by Power to Decide for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.
12. Governing Law / Entire Agreement
You agree that any dispute between you and Power to Decide will be governed by the law of the District of Columbia, and that any legal action brought by one party against the other will be brought in the courts of the District of Columbia. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Power to Decide and governs your use of Bedsider.org and AbortionFinder.org, superseding any prior or contemporaneous communications and proposals in any form between you and Power to Decide. If any part of this Terms of Use agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall remain in effect.
13. Privacy Policy
A separate web page, the Privacy Policy, explains our handling of personal information we maintain about you while you use Bedsider.org and AbortionFinder.org. By using either of these sites, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, so you should review it before using the site. If you have questions about our privacy practices, you can always contact us at support@bedsider.org.
14. Changes to Terms and Conditions
From time to time we may make modifications to this agreement. We may make these changes at any time, and your continued use of Bedsider.org constitutes your acknowledgment that you agree to this new agreement. Please periodically review the Terms of Use by clicking the “Terms of Use” button at the bottom of every Bedsider.org web page because this agreement is binding on you.
15. Additional Agreements
From time to time, we might also offer certain services that require an additional agreement. When this is required, we will provide the additional agreement to you when you try to access such a service. By accepting these Terms of Use, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Use and any additional agreement.
16. No Professional Advice
Any information supplied by any employee or agent of Power to Decide, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of Bedsider.org and does not constitute legal, tax, medical, accounting, or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
17. No Waiver
You agree that our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.
18. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Power to Decide as a result of these Terms of Use or your access to and use of Bedsider.org and AbortionFinder.org. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Still don’t get it? If you have any questions about the above Terms of Use or if you don’t understand them, please send us a message at support@bedsider.org before using Bedsider.org.