Terms of Use

1. Terms of Use

UpstreamDigital, LLC (“UpstreamDigital” or “we”) welcomes you to FreeBC.org (our “Website”). UpstreamDigital is nonprofit corporation with the mission to ensure that equitable, patient-centered contraceptive care is basic healthcare.

These terms of use (the “Terms of Use,” or “Agreement”) govern your use and access to our Website, as well as the products and services made available to users through the Website (collectively, the “Services”). These Terms of Use are in addition to terms and conditions set forth elsewhere on our Website or through our Services, to the extent applicable to a User (defined below).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING “AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF USE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

1.1 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.

1.2 Privacy Policy

We have a separate Privacy Policy for this Website which is incorporated by reference into these Terms of Use. It can be accessed at our Privacy Policy page.

1.3 No Emergency Use

UpstreamDigital, its Website, and its Services are not for emergencies or urgent situations. If you're in an emergency or someone is in danger, call 911 right away.

1.4 No Medical, Legal or Other Professional Advice

By using the Website and Services, you acknowledge that we are providing the Website and Services on the Website for general informational purposes only and not for the purpose of giving you any medical advice. You should not rely on the Website, including information available through any chatbot on the Website, for medical advice or for evaluating any medical advice regarding any disease or medical condition. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment and for making treatment decisions.

2. User Data

2.1 Ownership of User Data

You affirm, represent, and warrant that you own or have all necessary intellectual property rights (which include copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law), licenses, consents, and permissions to use and authorize UpstreamDigital to use, retain, copy, and process your data (“User Data”) in connection with the Services and as contemplated by this Agreement. “User Data” means any information, data or images (i) that you upload, stream, or submit to or through the Website or Services or (ii) generated or collected on your behalf from the Website, Services or third parties. You further affirm, represent, and warrant that the User Data provided to UpstreamDigital is complete and accurate, and is not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party.

2.2 Removal of User Data

Although we have no obligation to screen, edit, or monitor User Data, except if required by law, we may delete, remove, or suspend the use of User Data at any time and for any reason. By accessing or using the Services, you consent to the processing, transfer, and storage of information about you in the United States.

2.3 Data License

By using the Website and Services, including uploading, entering, or submitting User Data, you give us the following irrevocable rights to the fullest extent permitted by law (referred to individually and collectively as our “Service Data License”).

• To use User Data for the purposes of providing you the Services and further developing, improving, maintaining, safeguarding and marketing our Website and Services (“Improvement and Marketing Purposes”) and for all other purposes set forth in our Privacy Policy. Our license to your User Data includes allowing us to use it to fix or enhance the Services, such as by copying, analyzing, and using any User Data as UpstreamDigital or its contracted third-parties may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Website and Services and future improvements to the Website and Services.
• To de-identify your User Data and use de-identified data for free in perpetuity (which means even after you stop using or you or we terminate the Services). “De-identified Data” means data from which all individual identifiers have been removed, including data that is de-identified, as defined by HIPAA or otherwise defined by law, and data that has been rendered completely anonymous as to the User.

1. To transfer the license:
   1. To a third party to use the De-identified Data to the extent permitted by Law
   2. To a third party to use User Data for Improvement and Marketing Purposes
2. To share and manipulate your User Data, including through distribution, preparation of derivative works, and display, including creating De-identified Data or for Improvement and Marketing Purposes.

We will exercise the foregoing rights and Service Data Licenses only as allowed or explained in our Privacy Policy.

2.4 Revoke of Rights to User Data

You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Data that you may have under any applicable law under any legal theory, which means that you agree not to sue UpstreamDigital claiming that we have no right to use User Data or your De-Identified Data.

3. User Submissions

Our Website contains features that allow Users to post or upload their own content and communicate with others. When you submit, upload, post, or add content to our Website (collectively, “User Submissions”), you agree to accept sole responsibility for the User Submission, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein. You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to submit any User Submissions and grant the rights described below.

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.

Our Website is a community site accessed by users across the country, and we require all users to be good neighbors. By submitting, uploading, posting or adding any content, you agree that no User Submission:

• Is false, misleading, defamatory, obscene, pornographic, or sexually explicit;
• Is harassing, threatening, abusive, hateful, or promotes violence or discrimination;
• Infringes any patent, trademark, copyright, trade secret, or other intellectual property or proprietary right of any party;
• Violates the privacy or publicity rights of any third party;
• Contains viruses, malware, or other harmful code;
• Violates HIPAA or other applicable healthcare privacy laws by disclosing protected health information without proper authorization;
• Violates any applicable local, state, national, or international law or regulation; or
• Is otherwise objectionable or inappropriate as determined by us in our sole discretion.

Because the Website is a public service and publicly available, we do not guarantee that any User Submission, even those that you don't intentionally publish, will remain confidential.

We reserve the right, but have no obligation, to monitor, review, screen, edit, refuse to post, or remove any User Submission at any time and for any reason, with or without notice, in our sole discretion. Without limiting the foregoing, we may remove any User Submission that we determine, in our sole discretion, violates these Terms of Use, is otherwise objectionable, or poses a risk to the health or safety of any person.

If you notice that any other user's submissions appear to violate these Terms of Use, or if any other user ever makes you feel harassed or unsafe, please contact us by emailing hello@upstream.org.

You understand and agree that User Submissions are neither owned by nor provided by UpstreamDigital, and we are no way responsible for such User Submissions or any related conduct or practices.

4. Links to Third Party Websites

The Website contains links to other websites, which may or may not be affiliated with UpstreamDigital. These sites are governed by their own terms of use and privacy policies, which you should review. You may not have the same rights, privacy or other protections on these sites. UpstreamDigital does not assume any responsibility or liability for your use of these third-party websites. The link to these sites is provided for your convenience and does not necessarily mean that UpstreamDigital endorses or agrees with the content or services of these sites or their owners.

5. Telehealth Enablement

UpstreamDigital is not a medical provider; we simply offer technology and administrative tools to help you access contraceptive care if you choose. UpstreamDigital does not guarantee the qualifications, training, or skills of any professional that may be made available through this Website or whose information may be made available through this Website. We also do not recommend or endorse specific tests, medications, products, or procedures. If you choose to rely on information from a professional through the Website, you do so at your own risk. A formal provider-patient relationship only starts during an actual visit with a provider, not just by using the site.

PROFESSIONALS SERVICES MADE AVAILABLE THROUGH THIS WEBSITE ARE SOLELY RESPONSIBLE FOR THE SERVICES EACH PROVIDES. EACH PROFESSIONAL IS RESPONSIBLE FOR THEIR SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO THEIR PROFESSION AND LICENSE, IF ANY. UPSTREAMDIGITAL SHALL NOT BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A PROFESSIONAL VIA THE WEBSITE.

6. Copyright and Trademark

The entire Website (excluding any linked sites) is intellectual property owned, controlled or licensed by UpstreamDigital or Upstream U.S.A. and is protected by U.S. and international copyright and trademark laws. All rights reserved. Our trademarks, service marks, trade names, domain names, trade dress and other proprietary logo and indicia are the property of UpstreamDigital or Upstream U.S.A. All other marks are the property of their respective organizations. Ownership of all trademarks and the goodwill associated therewith remains with UpstreamDigital or the respective organizations, as the case may be. The Website may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to the Website. Nothing in these Terms of Use grants you any right to receive delivery of a copy of the Website or to obtain access to the Website except as generally and ordinarily permitted through the Website, according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel, or otherwise, a right to use our trademarks.

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: “UpstreamDigital, LLC All rights reserved.”

7. Feedback

If you share ideas, suggestions, or proposals with UpstreamDigital about the Website or Services, you agree that we can use them freely. This means UpstreamDigital can adapt, improve, and even benefit commercially from your input without any limits and without owing you anything—even if you stop using our Website or Services later. We would never publicly disclose your name or any information to identify you without your consent.

8. Restrictions

The rights we give you under these Terms of Use come with some important rules:

• You can't sell, rent, lease, transfer, or otherwise make money from the Website or any part of it.
• You can't use framing techniques to display any UpstreamDigital or Upstream U.S.A. trademarks, logos, or content.
• You can't use hidden text or tags with UpstreamDigital or Upstream U.S.A. name or trademarks.
• You can't change, copy, translate, reverse-engineer, or hack any part of the Website, unless the law specifically allows it.
• You can't use the site to create a competing product or service.
• You can't try to break into the site or test its security.
• You can't collect other people's information, like email addresses.
• You can't use bots, scrapers, or other automated tools to access the Website.
• You can't upload harmful files like viruses or spyware to the Website.
• You must be at least 18 years old (or the legal age in your area) and able to enter into a binding contract to use the Website.

You may not post, upload, transmit, store, or share any User Data or User Submission that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
• Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
• May infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property right or other proprietary right of any party, or that is otherwise protected by intellectual property rights or other proprietary rights (including trade secret or privacy rights), unless you are the owner of such rights or have permission from the rightful owner to upload or submit the User Data and to grant us the licenses contained in these Terms of Use;
• Contains any private or personal information of a third party without such third party's consent;
• Creates a false identity or duplicative accounts for the purpose of misleading others or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity; or
• Contains any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “phishing,” or any other form of solicitation, commercial or otherwise.

9. Disclaimer, Limitation of Liability, Indemnity and Release

9.1 Disclaimer

YOUR USE OF THIS WEBSITE AND OUR SERVICES IS AT YOUR RISK. THIS WEBSITE AND ALL CONTENT AND THE SERVICES WE PROVIDED 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, SERVICES WE AND THIRD PARTIES DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE, SERVICES 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 EACH OF THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY FOR THIS SECTION “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.

9.2 Limitation of Liability

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED ONE HUNDRED DOLLARS ($100). IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE, SERVICES OR CONTENT. 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.

9.3 Release and Indemnity

For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your access (visit) to or use of this Website, you hereby agree to release and waive any and all claims and/or liability against UpstreamDigital and Third Parties arising from or in connection with your use of this Website. You also agree to the fullest extent permitted by law to indemnify and hold harmless UpstreamDigital 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 Services failure to abide by any applicable law. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification. You also agree to cooperate fully in the defense of any of the foregoing.

10. Period for 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 this Website or Services, or the use of this Website or Services, must be filed within one year after such claim or cause of action arose.

11. Consent to Text and Email

When you provide us with your email and/or phone number or communicate with us electronically via email, text message, or message via the Website (“Electronic Messaging”), you consent to receive communications from us electronically through the number(s) or email address(es) you provide, regarding, and without limitation, appointment scheduling and reminders, offers and promotions, eligibility for programs/benefits, and educational materials and opportunities. Therefore, you agree to promptly notify us if you change your contact information, by updating this information in your account settings. Message and data rates may apply. Consent is not a condition of any purchase or receipt of Services. If you opt out of electronic communications, we may need to continue to send you certain communications electronically regarding the Services, such as copies of your receipts or appointment reminders. You will not be able to opt out of those communications.

11.1 Opt-Out

You may opt out of marketing-related electronic communications by following the unsubscribe instructions in any communication you receive from us. Your withdrawal of consent (or opt-out) will be effective within a reasonable time after we receive your withdrawal notice as described above. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms of Use provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

You understand that the use of Electronic Messaging has a number of risks, including the following:

• Electronic Messaging can be circulated, forwarded, broadcast to unintended recipients, and stored electronically and on paper.
• Senders can easily misaddress Electronic Messaging and send the information to an undesired recipient.
• Backup copies of Electronic Messaging may exist even after deletion.
• Electronic Messaging may not be secure and can possibly be intercepted, altered, forwarded, or used without authorization or detection.
• Electronic Messaging service providers may charge for calls or messages received.
• Employers and online service providers may have a right to inspect Electronic Messaging sent through their company systems.

12. Conditions

Understanding these risks, you consent to the use of Electronic Messaging, subject to the following conditions:

• In a medical emergency, Electronic Messaging from you should NOT be used. Rather, you should call 911.
• UpstreamDigital and its related organizations are not liable for breaches of confidentiality caused by you or any third party related to sending or receiving Electronic Messaging.

You acknowledge that telephone calls to or from UpstreamDigital may be monitored and recorded, and you agree to such monitoring and recording.

13. Termination and Modification

We, in our sole discretion, may immediately suspend or terminate your access to the Website or any part of the Services at any time, for any reason, in our sole discretion. We also reserve the right, at any time, to modify the Services or to modify, suspend, or discontinue the Website, or any part thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification of the Services or modification, suspension, or discontinuance of your access to the Website.

The Terms of Use shall survive any termination of this Website related to your prior use of the Website. We will have no liability whatsoever to you or any third party for any failure or discontinuation of the Website, or for modifying, suspending or discontinuing your access to the Website.

14. Compliance with Laws

The Website and our Services are 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. You may not access the Website or Services from out of the United States.

15. General Legal Terms

Any claim relating to, and the use of, this Website, Services 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 UpstreamDigital at 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. 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.

15.1 Nonassignment

These Terms of Use are personal to you, and you may not transfer, assign, or delegate your rights and/or duties under these Terms of Use to anyone else, and any attempted assignment or delegation is void. We may assign our rights and/or duties under these Terms of Use. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.

15.2 Force Majeure

We will not be deemed to be in breach of these Terms of Use or liable for any breach of these Terms of Use or of the Privacy Policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, pandemics, epidemics, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

15.3 Waiver

Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing and signed by us, nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

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.

16. How to Contact Us

If there are any questions regarding this Website or Services, you may contact us using the information below.

UpstreamDigital, LLC
2 Oliver Street, Suite 402,
Boston, MA 02109

17. 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.