Digital Millenium Copyright Act
THIS NOTICE IS SUBJECT TO
MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW
OR AT THE CONVENIENCE OF Healthier Living Institute, LLC, WITHOUT
ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A
CORRECT, CURRENT VERSION OF THE NOTICE.
It is our policy
to respond to notices of alleged infringement that comply with the
Digital Millennium Copyright Act and other applicable intellectual
property laws. Responses may include removing or disabling access to
material claimed to be the subject of infringing activity and/or
terminating subscribers. If we remove or disable access in response to
such a notice, we will make a good-faith attempt to contact the owner
or administrator of the affected site or content so that they may make
a counter notification pursuant to sections 512(g)(2) and (3) of that
Act. It is our policy to document all notices of alleged infringement
on which we act.
Please refer to the following detailed
instructions which must be followed to protect your rights under the
Digital Millennium Copyright Act.
Infringement Notification
To
file a notice of infringement with us, you must provide a written
communication (by fax or regular mail -- not by email, except by prior
agreement) that sets forth the items specified below. Please note that
you may be liable for damages (including costs and attorneys' fees) if
you materially misrepresent that a product or activity is infringing
your copyrights. Accordingly, if you are not sure whether material
available online infringes your copyright, we suggest that you first
contact an attorney.
Your communication must include substantially all of the following:
1.
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
2.
Identify in sufficient detail the location of copyrighted work that you
believe has been infringed upon (for example, "The copyrighted work at
issue is the text that appears on
http://www.newco.com/uglytext_page.html") or other information
sufficient to specify the copyrighted work being infringed. If multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site.
3.
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material.
4.
Information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party
may be contacted.
5. The following statement: "I have a
good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law."
6.
The following statement: "I swear, under penalty of perjury, that the
information in the notification is accurate, and that I am the
copyright owner or am authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed."
Send the written communication to:
DMCA AGENT
Attn: DMCA Complaints
4051 SW 47th Ave
Suite 101 & 102
Davie, Florida 33314
Email: dmca@healthierlivinginstitute.com
Counter Notification
The administrator of an
affected site or the provider of affected content may make a counter
notification pursuant to sections 512(g)(2) and (3) of the Digital
Millennium Copyright Act. When we receive a counter notification, we
may reinstate the material in question.
To file a counter
notification with us, you must provide a written communication (by fax
or regular mail -- not by email, except by prior agreement) that sets
forth the items specified below. Please note that you will be liable
for damages (including costs and attorneys' fees) if you materially
misrepresent that a product or activity is not infringing the
copyrights of others. Accordingly, if you are not sure whether certain
material infringes the copyrights of others, we suggest that you first
contact an attorney. To expedite our ability to process your counter
notification, please use the following format (including section
numbers):
Your communication must include substantially the following:
1. A physical or electronic signature of the subscriber.
2.
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 access to it was disabled.
3.
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 to be removed or disabled.
4. Your name, address, and telephone number.
5. The following statement: "I consent to the jurisdiction of
Federal District Court for the judicial district in which the your
address is located, (or Santa Clara County, California if your address
is outside of the United States), and that you will accept service of
process from the person who provided notification under subsection
(c)(1)(C) or an agent of such person.
6. The following statement: "I swear, under penalty of perjury, that
I have a good faith belief that the affected material was removed or
disabled as a result of a mistake or misidentification of the material
to be removed or disabled."
Send the written communication to:
Healthier Living Institute
DMCA AGENT
Attn: DMCA Complaints
4051 SW 47th Ave
Suite 101 & 102
Davie, Florida 33314
Email: dmca@healthierlivinginstitute.com
Account Termination
Healthier Living Institute will, in appropriate circumstances,
terminate repeat infringers. If you believe that an account holder or
subscriber is a repeat infringer, please follow the instructions above
to contact Healthier Living Institute’s DMCA agent and provide
information sufficient for us to verify that the account holder or
subscriber is a repeat infringer.