BabySTEPs SMS Service Terms of Use

    Service Description

    The BabySTEPs Services provides confidential tailored support and resources to pregnant and postpartum people via text message by entering BABY to 55753. If you are connecting via email, you will find us at: To connect with us via email, find us at: https://drugfree.org/email-a-helpline-specialist/.

    Please be aware that your use of any form of the BabySTEPS Service, whether by phone, text, messaging or email, is subject to the following terms and conditions of use (the “Terms of Use”). If you do not agree to these Terms of Use, you are advised not to use the BabySTEPS Service. The terms immediately follow relate to the SMS and third-party messaging services.

    SMS and Other Third-Party Services

    1. Cancellation of SMS services

    You can cancel the SMS service at any time. Just text “STOP” to 55753. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

    2. Assistance

    If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at contact@toendaddiction.org.

    3. Reliability of Service

    Carriers are not liable for delayed or undelivered messages.

    4. Data Rates

    As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

    5. Ownership and Operation 

    The BabySTEPS SMS service belongs to Partnership to End Addiction. Partnership to End Addiction may, in its sole discretion, at any time and without prior notice, modify or discontinue the BabySTEPS service

    6. Agreement To Be Bound; Changes to the Terms of Use

    Your use of the BabySTEPS service via text, or by messaging or emailing with us through a third-party partner, constitutes your agreement with Partnership to End Addiction to be bound by, and to act in accordance with, these Terms of Use. Partnership to End Addiction reserves the right to modify these Terms of Use or to impose new or additional terms of use at any time and without prior notice (“Modified Terms”). Modified Terms shall be effective immediately and incorporated into these Terms of Use upon the posting of such Modified Terms. Your continued use following the posting of any Modified Terms shall be deemed to conclusively indicate your acceptance of any and all such Modified Terms. Accordingly, you should periodically re-review these Terms.

    7. Limited License related to SMS services 

    You may use the BabySTEPS SMS service for personal, non-commercial purposes only. You may use content offered to you via the service, if any, for downloading, for non-commercial use only and subject to the rules that accompany that particular content. You may not use any content you receive from the Partnership in a manner that exceeds the rights granted for your use of that content. You may not download, replicate, retransmit, reproduce, or otherwise use any of the photographic images contained in a BabySTEPS text as a stand-alone file. You may not use any data mining software, robots or similar data gathering and extraction tools, reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan or otherwise distribute SMS Service content without Partnership to End Addiction’s prior written consent.

    8. Interactive Messaging

    Messages that you send through either the BabySTEPS SMS service or a third-party partner, can be viewed by the Partnership to End Addiction, but the Partnership cannot control, and is not responsible for, the content of your messages, or any information you include in those messages, whether posted by you or through someone accessing your account in an unauthorized manner. You further understand that any message transmitted by you or in any of your accounts does not express the views of Partnership to End Addiction. Although Partnership to End Addiction has the right to view any discussions, chats, comments sent via this service, Partnership to End Addiction is under no obligation to do so and assumes no responsibility or liability arising from the content you share with the BabySTEPS service nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information transmitted to us within the BabySTEPS text service or via any third-party partner.

    9. Right to Screen, Review, Remove and Refuse Content

    In furtherance of the preceding paragraph, Partnership to End Addiction has the right, but not the obligation, in its sole discretion, to pre-screen, review, remove content or refuse any user, from the BabySTEPS texting or phone service for any reason, including without limitation content sent by you that violates these Terms of Use or is otherwise objectionable or offensive. If you find any content that violates these Terms of Use, please contact us immediately by email at contact@toendaddiction.org.

    10. License to Posted Content

    By providing any content to any portion of the BabySTEPS SMS Service, or by messaging or emailing through a third-party partner, you hereby (i) grant the Partnership a non-exclusive, perpetual, fully paid-up, irrevocable license to use any anonymized data or content provided, and (ii) represent, warrant and covenant to Partnership to End Addiction that you possess and will maintain all rights necessary to grant Partnership to End Addiction the foregoing license. For example, the foregoing license gives Partnership to End Addiction the right, so long as consistent with our Privacy Policy, to use questions, comments and postings submitted by you (and any ideas, concepts, know-how, processes and techniques contained therein), provided such questions, comments and postings remain anonymous, in articles, commentaries or other materials both online and offline (or for any other purposes), and no compensation shall be earned, due or payable for any such use.

    11. Third-Party Information

    Partnership to End Addiction may provide you with certain third-party information or content on the BabySTEPS SMS Service or through messaging or emailing through a third-party partner. This third-party information or content does not necessarily represent the viewpoint or opinions of Partnership to End Addiction, nor does Partnership to End Addiction take responsibility for the accuracy or reliability of this third-party information or content. Your information will not be shared with third parties for their marketing purposes.

    12. Security and Limitations on Access.

    You are prohibited from violating or attempting to violate the security of the BabySTEPS SMS Service. Accordingly, you agree that you will not interfere with or attempt to interfere with the proper working of the BabySTEPS SMS Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Partnership’s information technology infrastructure.

    The following Additional Terms to the BabySTEPS Live Phone service:

    13. Quality Assurance and Training

    Phone calls received on the BabySTEPS phone helpline are recorded for quality assurance and training purposes. All callers are advised of the recording at the outset of the call and given an opportunity to terminate the call if they do not wish to be recorded. The Partnership may seek to obtain from any caller only that amount of information that would allow the Partnership to best assist you and shall endeavor keep all calls anonymous to the greatest extent possible, particularly if requested. The provision of personally identifiable information is always optional.

    Terms Applicable to All BabySTEPS Services:

    14. Confidentiality

    The Partnership to End Addiction will keep your personal information confidential to the best of its ability as set forth in our Privacy Policy and as permitted by law. While the Partnership to End Addiction can never guarantee full protection against unauthorized access to your data or your account, we make every effort to guard your information using state of the art technology provided by our third-party vendors. In the instance of BabySTEPS SMS Services or the use of messaging or emailing services through third-party vendors, the rules and regulations of your carrier or the third-party partner are also applicable to anything you transmit to Partnership to End Addiction.

    15. Reliance

    You and your family may not rely solely upon the information or opinions communicated by Partnership to End Addiction or other users of the BabySTEPS Services. Information provided does not, and cannot, replace necessary medical consultations with qualified health or medical professionals with the training to meet the individual health or medical needs of you and your family.

    16. Indemnification

    You agree to be solely responsible for, and to indemnify and hold harmless the Partnership, its directors, officers, principals, managers, agents, representatives and employees and their respective directors, officers, principals, managers, agents, representatives and employees from, any liabilities, damages, losses, costs, or expenses arising out of or in connection with (i) any breach of these Terms of Use by you or (ii) any information or guidance you have received from a BabySTEPS Specialist via the BabySTEPS Services regardless of whether the information was received via text or by live, by phone, and regardless of the legal theory on which such a claim is based.

    17. DISCLAIMER OF WARRANTIES

    ALL CONTENT INCLUDED IN OR AVAILABLE VIA THE BABYSTEPS SERVICES ARE “AS IS.” SUCH CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PARTNERSHIP TO END ADDICTION, ITS DIRECTORS, OFFICERS, EMPLOYEES, PRINCIPALS, MANAGERS, AGENTS AND REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PRINCIPALS, MANAGERS, AGENTS AND REPRESENTATIVES DISCLAIM ANY WARRANTIES THAT: (i) THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (ii) THE BABYSTEPS SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) THE SERVICE OR ITS SERVERS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE BABYSTEPS SERVICES ARE SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

    18. LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES SHALL PARTNERSHIP TO END ADDICTION, ITS DIRECTORS, OFFICERS, PRINCIPALS, EMPLOYEES, MANAGERS, AGENTS OR REPRESENTATIVES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, MANAGERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE BABYSTEPS SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PARTNERSHIP TO END ADDICTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PARTNERSHIP TO END ADDICTION’S, ITS DIRECTORS’, OFFICERS’, PRINCIPALS’, EMPLOYEES’, MANAGERS’, AGENTS’ AND REPRESENTATIVES’ AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, PRINCIPALS’, EMPLOYEES’, MANAGERS’, AGENTS’ AND REPRESENTATIVES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    19. Partnership to End Addiction’s Copyright Policy.

    If you are a copyright owner or an agent thereof and believe that any content posted in the BabySTEPS SMS Service or in the messaging or email service of any third-party partner, infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by following the procedures described below. As part of our response, we may remove or disable access to content distributed that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected content so that they may make a counter-notification, also in accordance with the DMCA. Before serving either a notice of infringing material or a counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our obligations under the DMCA and do not constitute legal advice.

    20. Compliance with Laws.

    The Partnership to End Addiction’s commitment to confidentiality and anonymity does not negate its obligation to operate its BabySTEPS Services in full compliance with the law. In the event information obtained from you by way of the BabySTEPS Service, whether by text or by phone, gives a reasonable indication that a law has or is about to be violated, the Partnership to End Addiction will follow all applicable laws regarding the information.

    Notice of Infringing Material

    To file a notice of infringement, please provide a notification containing the following details:

    (i) Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, URL);

    (ii) Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material);

    (iii) Your contact information so that we can contact you (e.g., your address, telephone number, email address);

    (iv) A statement that you have a good faith belief that the use of the material identified in (i) above is not authorized by the copyright owner, its agent or the law;

    (v) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and

    (vi) Your physical or electronic signature.

    You must send this notice by mail, fax or email to:

    Emily Feinstein
    Executive Vice President
    Partnership to End Addiction
    711 Third Avenue, 5th Floor
    New York, New York 10017-6706

    Tel.: (212) 841.5200
    Fax: (212) 956.8020
    Email: generalcounsel@toendaddiction.org

    Counter-Notification

    If material that you have posted has been taken down, you may file a counter-notification that contains the following details:

    (i) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

    (ii) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

    (iii) Your contact information so that we can contact you (e.g., your address, telephone number, email address);

    (iv) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside of the U.S.A., for any judicial district in which we may be found, and that you will accept service of process from the person who submitted a notice in compliance with the DMCA as generally described above; and

    (v) Your physical or electronic signature.

    You must send this notice by mail, fax or email to:

    Emily Feinstein
    Executive Vice President
    Partnership to End Addiction
    711 Third Avenue, 5th Floor
    New York, New York 10017-6706
    Tel.: (212) 841.5200
    Fax: (212) 956.8020
    Email: a href=”mailto:generalcounsel@toendaddiction.org”>generalcounsel@toendaddiction.org

    21. Choice of Law and Forum; Statute of Limitations 

    You agree that these Terms of Use and your use of the BabySTEPS Services shall be governed by the laws in effect in the State of New York, without reference to its conflict of laws principles. Any claim or dispute between you and Partnership to End Addiction that arises in whole or in part from your use of the BabySTEPS Services shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.

    YOU AND PARTNERSHIP TO END ADDICTION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND/OR YOUR USE OF THE BABYSTEPS SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, YOU AND PARTNERSHIP TO END ADDICTION AGREE THAT SUCH CAUSE OF ACTION SHALL BE, AND IS, PERMANENTLY BARRED.

    22. Waiver

    No waiver of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term of the Terms of Use, and Partnership to End Addiction failure to assert any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

    23. Severability and Integration

    Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Partnership to End Addiction with respect to your use of the BabySTEPS Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Partnership to End Addiction with respect to your use of the BabySTEPS Services. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

    24. Termination

    Your right to use the BabySTEPS Service automatically terminates if you violate these Terms of Use. Partnership to End Addiction also reserves the right, in its sole discretion and at any time, to terminate these Terms of Use and your access to all or part of the BabySTEPS Services, for any reason or no reason at all, with or without notice. Upon termination of these Terms of Use, you must cease use of the BabySTEPS Services and destroy all materials obtained from it, whether made under these Terms of Use or otherwise.

    25. Ability to Enter Into This Agreement; Use by Children Under the Age of 13

    You affirm that you are not a minor in your state of residence and that you have the legal right to enter into, and be bound by, these Terms of Use. The BabySTEPS Services are not intended for children under 13 and Partnership to End Addiction does not collect personally identifiable information about children under 13 through the BabySTEPS Services unless it is voluntary and/or necessary and is provided by the minor’s parent or guardian.

    26. Assignment

    These Terms of Use, and any rights and/or licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned, licensed, or transferred by Partnership to End Addiction without restriction or notice to you.

    27. Privacy Policy
    If you have any questions regarding privacy, please read our privacy policy: https://drugfree.org/article/privacy-policy/.