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Terms of Use
Upstream USA, Inc. (“Upstream USA” or “we”) welcomes you to www.beyourownbaby.com (our “Website”). Upstream USA is a Delaware nonprofit corporation with the goal of reducing unintended pregnancy by increasing same-day access to all methods of contraception. Upstream USA established this Website to provide residents of Delaware with the opportunity to meet with a healthcare provider and to discuss a full range of contraceptive methods as part of Delaware Contraceptive Access Now (“Delaware CAN”). To learn more, visit www.upstream.org.
YOUR ACCEPTANCE OF THESE TERMS OF USE
Visiting or using this Website automatically constitutes your agreement to these Terms of Use and any other terms and conditions that may be outlined elsewhere on this Website. If you do not agree to comply with these Terms of Use in their entirety or your jurisdiction will not honor the terms of this Website, you are not authorized to use this Website and you may not access or download any materials or content from this Website.
PRIVACY POLICY
We have a separate Private Policy for this Website which is incorporated into these Terms of Use.
HEALTHCARE VISIT AND CONTRACEPTIVE DEVICE COST AND ELIGIBILITY
You must be a Delaware resident to receive the benefits available on this Website. Upstream USA has arrangements with selected healthcare providers listed on this Website who have agreed not to charge you for contraceptive devices, the application or insertion of such devices and the one-time office visit fee related to your selection and the application, insertion or prescription of contraceptive devices occurring after March 1, 2017 until September 30, 2018. If you receive a prescription for a contraceptive device from a participating provider before September 30, 2018 that requires you to pay an out-of-pocket fee, you may submit a request for reimbursement for those costs not covered by insurance, as explained on this Website.
You may enjoy the benefits offered on this Website when you appear in person at the office of one of the selected healthcare providers listed on this Website. If the healthcare provider is not one of the selected healthcare providers listed on this Website, all costs associated with the visit and any contraceptive devices provided or prescribed will be at your expense. Any cost you incur for sterilization, sexually transmitted diseases, cervical cancer screening or any health issues not essential to the selection, application or insertion of contraceptive devices will not be paid for by Upstream USA and will be at your expense. Any cost you incur for a pregnancy test will not be paid for by Upstream USA unless the test is an essential part of the visit to obtain contraceptive devices.
OUTSIDE LINKS
The Website contains links to other websites. These sites are governed by their own terms of use and privacy policies, which you should review. You may not have the same privacy or other protections on these sites. Upstream USA does not assume any responsibility or liability for your use of these sites. The link to these sites is provided for your convenience and does not necessarily mean that Upstream USA endorses these sites or their owners.
NO MEDICAL, LEGAL OR OTHER PROFESSIONAL ADVICE
The information contained within the Website does not constitute medical, legal or other professional advice and is meant for general educational purposes only. You should consult with your health professional, legal counsel or other professional advisor, as needed.
COPYRIGHT AND TRADEMARK
The entire Website (excluding any linked sites) is intellectual property owned, controlled or licensed by Upstream USA and is protected by U.S. and international copyright and trademark laws. All rights reserved. Upstream USA’s trademarks, service marks, trade names, domain names, trade dress and other proprietary logo and indicia are the property of Upstream USA. All other marks are the property of their respective organizations. Ownership of all trademarks and the goodwill associated therewith remains with Upstream USA or their respective organizations, as the case may be. You may copy or distribute the text materials contained in this Website but only for personal, non-commercial, educational or public policy use, distributed free of charge and in accordance with these Terms of Use, provided that you include the following copyright notice on all copies of our materials:
“Upstream USA, Inc. (2018). All rights reserved.”
RESTRICTIONS
You shall not (i) modify or alter the Website content in any way or delete or change any proprietary notice; (ii) access or attempt to access the Website using any interface aside from the one provided by the Website; (iii) modify, circumvent, defeat or tamper with any technological measures employed to control access or otherwise provide security to any aspect of the Website, or attempt to do any of the foregoing; (iv) post, submit or distribute unlawful, obscene, abusive, defamatory or offensive materials on, to or through the Website; or (v) use the Website in a manner that may violate the privacy or proprietary rights of third parties or any applicable law.
DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY AND RELEASE
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THIS WEBSITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED BY US “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR ANY DUTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE, THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, THAT THE WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING VIA DOWNLOAD) ANY CONTENT AT YOUR OWN RISK. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE AND THIRD PARTIES DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. UPSTREAM USA, INCLUDING OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND OUR THIRD-PARTY SERVICE PROVIDERS, INCLUDING HEALTHCARE PROVIDERS, HEALTHCARE APPOINTMENT AND TRANSPORTATION FACILITATORS AND EACH OF THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY “THIRD PARTIES”) ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. WE AND THE THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU THAT RESULTS FROM YOUR USE OF THIS WEBSITE OR YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE THIRD PARTIES ARE SOLELY RESPONSIBLE FOR THEIR ACTS OR OMISSIONS AND UPSTREAM USA IS NOT LIABLE OR RESPONSIBLE FOR THEIR ACTS OR OMISSIONS AND YOU ASSUME ALL RISK OF RECEIVING THEIR SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED ONE HUNDRED DOLLARS ($100). IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for direct, incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be limited to the fullest extent permitted by applicable law.
For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Website or participation in arranging and attending an appointment with a health care provider or using the transportation methods and systems, you hereby agree to release and waive any and all claims and/or liability against Upstream USA and Third Parties arising from or in connection with your use of this Website. You also agree to indemnify and hold harmless Upstream USA and Third Parties from and against any and all claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your use of this Website or failure to abide by any applicable law. You also agree to cooperate fully in the defense of any of the foregoing.
TERMINATION
Upstream USA’s support of BeYourOwnBaby.com shall only be in effect for a limited period of time and we anticipate it will end September 30, 2018, at which time this Website will not be updated. Once the website is not updated, you will no longer be able to schedule health care appointments or transportation to and from health care appointments, submit reimbursements for transportation to and from health care appointments or contraceptive devices obtained after the date of termination or enjoy the benefit of your health care provider billing us for charges not covered by health insurance for health care visits which occur after the date of termination.
COMPLIANCE WITH LAWS
The Website is intended to comply with the laws and regulations in the United States and is intended for use only by residents of the United States. Other countries may have laws and regulatory requirements that differ from those in the United States. Any portion of this Website is void where prohibited.
GENERAL
Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the State of Delaware (excluding conflict of law provisions). You consent to the exclusive jurisdiction of the state and federal courts located in Delaware. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these 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. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Upstream USA in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof and supersede any previous oral or written communications, agreements or documents concerning the subject matter hereof. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Website, or the use of this Website, must be filed within one year after such claim or cause of action arose.
If there is any conflict between the content of this Website or any linked site and these Terms of Use, these Terms of Use shall control.
HOW TO CONTACT US
If there are any questions regarding this Website, you may contact us using the information below.
www.upstream.orgUpstream USA, Inc.
1630 San Pablo Ave. Suite 400
Oakland, CA 94612
CHANGES TO OUR TERMS OF USE
We reserve the right to modify these Terms of Use at any time for any reason and without notice. You acknowledge and agree that you are responsible for keeping yourself informed of any such changes. Your continued use of our Website following the posting of changes to these Terms of Use will mean you accept those changes. Any changes to these Terms of Use will be posted on this page and will reflect the date of the Terms of Use last modified.
These Terms of Use were last modified on 9/30/2018.
