Okay, here’s all the boring (but important!) legal stuff that our lawyers require. Ready?
Acceptance of Terms
1. Reminder Services
The Bedsider Reminder Services consist of one or more of the following: a web-based, mobile-web, mobile-app, 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 Subscribe: To subscribe (or opt-in) to our Reminder Services, you can register from our website, or text “MyBC” to 42411, and we’ll guide you through the process from your mobile phone.
How to Unsubscribe: To unsubscribe (or opt-out) of our SMS service, text “STOP” to 42411 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. 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 firstname.lastname@example.org. From your mobile phone, you can request our contact information at any time by texting HELP into 42411.
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
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 email@example.com.
4. Our Intellectual Property
Bedsider.org is 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 only for your own personal and non-commercial use. We do not grant you a license to use Bedsider.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 without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of Bedsider.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 please contact us at firstname.lastname@example.org. All rights in the product names, company names, trade names, logos, product packaging, and designs of all Bedsider.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 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 email@example.com.
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, firstname.lastname@example.org.
Power to Decide
1776 Massachusetts Avenue, NW
Washington, DC 20036
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.
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 is an online service, 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, the inaccessibility of Bedsider.org, or the costs associated with any claims you bring or try to bring against us.
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.
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.
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.
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
14. Changes to Terms and Conditions
15. Additional Agreements
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