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DMCA

Digital Millennium Copyright Act/Intellectual Property Policy

THIS POLICY IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF SeniorHealth365.com, INC, WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THIS POLICY.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”) 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 users. 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 the Act.

Please refer to the following detailed instructions, which must be followed 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 written 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 content, a product or activity is infringing. Accordingly, if you are not sure whether material available online infringes, we suggest that you first contact an attorney.

Your communication must include substantially all of the following (“Notice”):

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 HYPERLINK “http://www.newco.com/uglytext_page.html”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.

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. A statement that you 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. A statement that you 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.

In some circumstances, in order to notify the party who provided the allegedly infringing content we may forward a copy of a Notice including name and email address to the alleged infringer or we may publish a Notice.

Send the written communication to:

SeniorHealth365.com
Attn: DMCA Complaints
PO Box 423
Mountain View, CA 94042
Email:  info@seniorhealth365.com

Counter Notification
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to the 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 written 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 content, a product or activity is not infringing. Accordingly, if you are not sure whether certain material infringes, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format:

Your communication must include substantially the following:

A physical or electronic signature.

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.

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.

Your name, address, and telephone number.

A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the your address is located, (or Travis County, Texas if your address is outside of the United States), and that you will accept service of process from the person who provided notification under this Policy or an agent of such person.

A statement that you 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:
SeniorHealth365.com
Attn: DMCA Complaints
PO Box 423
Mountain View, CA 94042
Email:  info@seniorhealth365.com

Termination

SeniorHealth365.com, will, in appropriate circumstances, terminate repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact SeniorHealth365.com legal counsel and DMCA agent and provide information sufficient for us to verify that the user is a repeat infringer.  Any decision will be in our sole discretion.

Last Updated: November16, 2011

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