Updated: January 16, 2019
Please read these TOU carefully before you begin using the Website. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE WEBSITE, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TOU. If you are using the Website on behalf of another person, you represent that you are authorized to accept these TOU on that person’s behalf. Southwestern reserves the right to modify, alter, or update the TOU at any time without notice. Modifications shall become effective immediately on being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of these TOU and its modifications. Except as provided in this paragraph, these TOU may not be amended. By using the Website, you acknowledge and agree to these limitations as set forth below.
DESCRIPTION OF SERVICES
The Website provides you with access to information, hyperlinks, and resources pertaining to the Southwestern Affiliates, information regarding employment opportunities and an online submission form for requesting further information about and/or applying to such opportunities, and an optional e-mail newsletter sign-up option if you would like to learn more about Southwestern and updates on our products and services (the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these TOU. For further information on the services provided by any Southwestern Affiliate, please follow the applicable hyperlink on the Website.
ACCOUNTS AND PASSWORD SECURITY
You may have the option to create an account to participate in certain features of the Website or the Affiliate Websites. If you are under the age of thirteen (13), you are not permitted to register as a user or otherwise submit personal information to Southwestern or any Southwestern Affiliate. If you create an account, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself in the registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
You are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. You also agree to promptly notify Southwestern with any questions of unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website or the Affiliate Websites.
USE OF CONTENT
Use of the Southwestern content (including, but not limited to, audio and video streaming content, text, and images) is for informational and non-commercial or personal use only. You may not modify any content or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, including, without limitation, all text, files, designs, graphics, drawings, illustrations, images, photographs, video, music and sounds, and/or other materials and all trademarks, service marks, and trade names used at the Website and the selection and arrangements thereof (collectively, the “Website Content”) obtained from use of any of the Website unless expressly permitted by Southwestern. The Website is subject to intellectual property rights, including trade dress, trademark, and copyrights held or licensed by Southwestern and may not be copied or imitated in whole or in part.
The Website Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Southwestern therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Website at any time without prior notice. Southwestern does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
You agree to indemnify and hold Southwestern and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors, and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (i) your breach of the warranties and representations herein, (ii) your use of the Website, (iii) the violation of these TOU, or (iv) infringement by you or other users of the Website using your computer, of any intellectual property or any other right of any person or entity. You will cooperate as fully as reasonably required in the defense of any claim. Southwestern reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Southwestern’s written consent.
You acknowledge that the Website Content, as well as the content found on each Affiliate Website to which these TOU apply, is not intended to, and nor does it, constitute legal, professional, medical, or healthcare advice or diagnosis and may not be used for such purposes. Southwestern provides this Website and such Affiliate Websites for entertainment, informational, educational, and promotional purposes only. You may not rely on any information and opinions expressed on the Website or the Affiliate Websites for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Website Content and the content on each Affiliate Website. Under no circumstances will Southwestern be liable for any loss or damage caused by your reliance on any portion of the Website Content or the content of any Affiliate Website.
Certain features on the Website and/or Affiliate Websites may permit users to post or upload content to such website. You warrant and represent that all content added to the Website or any Affiliate Website by or at the behest of you or your agents or representatives, including, without limitation, messages, text, illustrations, files, images, graphics, photos, comments, sounds, information, content, and/or other materials (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content.
You agree to indemnify and hold Southwestern and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of the warranties and representations herein, your use of the Websites, the violation of these TOU, or infringement by you, or other user of the Websites using your computer, of any intellectual property or any other right of any person or entity.
You will cooperate as fully as reasonably required in the defense of any claim. Southwestern reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Southwestern’s written consent. Southwestern is not responsible or liable for any User Content on the Websites.
User Content does not express the views of Southwestern. Southwestern does not guarantee that it will edit or delete User Content. Southwestern has the right, but not the obligation, to monitor User Content. Southwestern reserves the right to reveal your identity (or whatever information Southwestern knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, Southwestern does not claim ownership of any User Content. You acknowledge that Southwestern is not responsible for the accuracy of any User Content and that you and not Southwestern are solely responsible for any User Content you post or upload to the Website or any Affiliate Website.
Southwestern may discontinue operation of the Website or any Affiliate Website, or your use of the Website or any Affiliate Website, in either case in whole or in part, in its sole discretion.
UNLAWFUL OR PROHIBITED USES
You assume all knowledge of applicable law and are responsible for compliance with such laws. As a condition of your use of the Website, you will not use the Website for any purpose or in any way that is prohibited by these terms, conditions, and notices. Southwestern reserves the right to refuse service and/or access to you for violation of this section or any of these TOU.
The Website may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Website and the Website Content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Website:
- Advertise or offer to sell or buy any goods or services, or to solicit funds;
- Publish, post, transmit, distribute, or disseminate any content, material, or information that is inappropriate, profane, defamatory, obscene, vulgar, pornographic, lewd, filthy, excessively violent, indecent, harassing, threatening, abusive, invasive of privacy or publicity rights, or otherwise objectionable;
- Publish, post, or transmit any material or information, including images or photographs, that are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third-party right of Southwestern or any third party;
- Publish, post, or transmit material the licensed use by Southwestern would result in Southwestern having any obligation or liability to any party;
- Publish, post, or transmit any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation;
- Interfere with any other party’s use and enjoyment of the Website, e.g., by providing links or files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Violate any code of conduct or other guidelines that may be applicable for any particular Service;
- Harvest or otherwise collect information about others or post material that includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- Publish, post, or transmit material that contains a formula, instruction, or advice that could cause harm or injury;
- Attempt to gain unauthorized access to any computer systems or networks connected to Southwestern’s server or to any of portion of the Website through hacking, password mining, or any other means, or from using the Website to facilitate mail abuse or unsolicited email of any type (spam);
- Publish, post, or transmit material that could damage, disable, overburden, or impair the Website;
- Use the Website in any way that competes with us;
- Violate any applicable state, federal, or international laws, regulations, or other government requirements; or
- Create a false identity for the purpose of misleading others, or create material that impersonates another or is otherwise unlawful.
Southwestern reserves the right to restrict use of the Website and/or deny or terminate your access to any or all of the Website at any time, based on improper use, violations of these TOU, or for any reason and in its sole discretion. By agreeing to these TOU, you agree to cease and desist immediately from any attempt to access the Website upon issuance of a denial or termination.
Unless otherwise noted, all content on the Website is subject to intellectual property rights, including copyrights and trademarks, held or licensed by Southwestern. Subject to these TOU, Southwestern grants you a non-exclusive, non-transferable, limited right to access, use, and view the Website and the information thereon, including, without limitation, the Website Content, solely for your own personal use; provided, however, that you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, modify, or attempt to modify or create derivative works from the Website Content in any way or reproduce or publicly display, perform, transmit, or distribute or otherwise use the Website Content for any public or commercial purpose, including, without limitation, use of the Website Content on any other website or in any environment of networked computers, or transfer the Website Content to any other person without the prior written explicit consent of Southwestern.
Except as expressly provided herein, no license to use or reproduce the Website Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Website Content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without express prior written permission from Southwestern is prohibited.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SOUTHWESTERN, ITS PARENT COMPANY, OR ANY OF THEIR SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT OR THE SERVICES PROVIDED VIA THE WEBSITE, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SOUTHWESTERN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Southwestern’s liability is limited to the greatest extent permitted by law.
DISCLAIMER OF WARRANTIES
You expressly agree that use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Southwestern makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. Southwestern makes no warranties or representations of any kind that the services provided by the Website will be uninterrupted and/or error-free and Southwestern shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of the Website, although best efforts will be made to provide a high quality site that is useful and provides value to its members.
SOUTHWESTERN DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND THE INFORMATION, PRODUCTS AND SERVICES PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THESE WEBSITE. SOUTHWESTERN DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MODIFICATIONS AND INTERRUPTION TO SERVICE
Southwestern will in good faith endeavor to provide uninterrupted service to the Website, but you acknowledge and accept that Southwestern does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Southwestern’s control.
YOUR OWN SECURITY
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Website to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
EXTERNAL LINKS, THIRD PARTIES, AND THIRD-PARTY SITES
The Website may include links to other sites on the Internet that are owned, operated, and/or maintained by third parties or advertisements by third parties and/or affiliates of Southwestern that post and use their own website(s) and links. You acknowledge that Southwestern is not responsible for the availability of, or the content located on or through, any third-party site and that your use of these third-party sites is at your own risk and that it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that Southwestern is under no obligation to become involved. If there is such a dispute, you hereby release Southwestern and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
OUR COMPLIANCE WITH COPPA
GOVERNING JURISDICTION OF THE COURTS OF TENNESSEE
The Website is operated and provided in the State of Tennessee. As such, Southwestern is subject to the laws of the State of Tennessee. Any legal issues arising from or related to your use of the Websites and/or purchases through the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee. The state and federal courts of Davidson County, Tennessee, shall be the exclusive forum and venue to resolve disputes and pursue claims arising out of or relating to these TOU or the use of or visit to the Website. By using, visiting, or purchasing through the Website, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes.
If you have any questions regarding these TOU, please contact us:
By email: [email protected]
By phone: 615-391-2500 (switchboard)
By fax: 615-316-5460
By regular mail:
Southwestern Family of Companies
Attn: VP of IT
2451 Atrium Way
Nashville, TN 37214
TERMS OF SALE
Updated: January 16, 2019
PRODUCTS AND SERVICES
Southwestern may revise and discontinue its Products and/or Services at any time. Southwestern will ship you Products that have the functionality and performance of the Products you ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Product availability is subject to change without notice. Southwestern reserves the right to limit quantities. Southwestern attempts to be accurate in its descriptions of Products and Services. Southwestern does not warrant, however, that descriptions or Products and Services or other content on the Website and Affiliate Websites are accurate, complete, reliable, current or free from errors or omissions. Textures, finishes, colors, patterns, sizes, and other visual features of Products might display differently on your computer monitor than the items appear in hand. Images are shown for representational purposes only. If a Product offered by Southwestern is not as described, your sole remedy is to return it in unused condition.
PRICE AND PAYMENT TERMS
Pricing is subject to change without notice. Southwestern reserves the right to limit quantities. Prices displayed on the Website or an Affiliate Website are subject to final approval at the time of order fulfillment. Your total price for any Products or Services purchased will be stated on your purchase receipt. Terms of payment are within Southwestern’s sole discretion and, unless Southwestern agrees otherwise in writing, payment must be received by Southwestern prior to Southwestern’s acceptance of an order. Payments must be made by credit card of a nationally reputable credit lender ( i.e. Visa, Master Card, etc.), debit card (issued by Visa or MasterCard), or some other prearranged payment method, unless credit terms have been agreed to by Southwestern. Prices are based on U.S. currency. You agree to pay all fees, shipping charges, and taxes, if applicable. Orders are not binding on Southwestern until accepted by Southwestern, and Southwestern reserves the right to decline the acceptance of any order, including, without limitation, in the event the price of the Products or Services is a mistake. Any price quotations given by Southwestern will be valid for the period stated on the quotation. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay, unless you provide Southwestern with a valid and correct tax exemption certificate.
Southwestern pays sales tax where required. Many states, however, require that their residents file a sales or use tax return for items purchased on the Websites. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Southwestern uses reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but Southwestern does not guarantee the accuracy of the amount of the tax it represents to you as the tax owed. In consideration of Southwestern’s allowing you to use and access its Websites and collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect, and you agree to hold Southwestern and its officers, directors, affiliates, parents, subsidiaries, employees, agents and representatives harmless for any harm or other damages you may incur as a result of any error by Southwestern in calculating the taxes you owe for your purchases.
SHIPPING AND TITLE
If you order a physical Product and not just a Service (online or otherwise), Southwestern will arrange shipping of the Products to your address. Title to the Products passes to you upon delivery to the carrier, and risk of loss passes to you on delivery to your address. The costs of shipping and handling will be shown on your purchase receipt. Southwestern will inform you of estimated shipment dates. All Products will be shipped within thirty (30) days of the order being entered into Southwestern’s order fulfillment system. If, for any reason, a Product cannot be shipped within thirty (30) days, Southwestern will notify you of the delayed shipment. If you do not consent to the delayed shipment, Southwestern will promptly refund all money paid by you for the unshipped merchandise.
INSPECTION OF PRODUCTS UPON RECEIPT
You must examine the Products when you receive them. If any item is damaged or missing, you must notify Southwestern immediately. Southwestern will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery.
YOU AGREE NOT TO HOLD SOUTHWESTERN OR ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, OWNERS OR EMPLOYEES LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR ANY FAILURE BY SOUTHWESTERN TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. SOUTHWESTERN MAY PROVIDE LAW ENFORCEMENT WITH ALL INFORMATION YOU SUBMIT TO SOUTHWESTERN TO ASSIST IN ANY INVESTIGATION OR PROSECUTION IT MAY CONDUCT.
You grant Southwestern the right to provide any information you submit to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchases.
CANCELLATION, REFUND & DISPUTE POLICY
If you have purchased a subscription through an Affiliate Website, you may cancel your subscription in accordance with applicable order cancellation terms and governing law. You will be able to access the online Products and Services during any remaining subscription cancellation periods. Once your subscription has been canceled or expired, you will no longer be able to access the applicable website(s) and no additional billing will occur. You can cancel by calling our customer contact center by phone, at 1-888-551-5901, or by email at [email protected], or you may cancel yourself by logging in, navigating to the membership page and selecting “cancel.”
Southwestern is not liable for any incurred bank fees or transactions related to monthly subscription charges and subscription fees are non-refundable. In case of customer disputes, the Customer Contact Center has the authority to handle individual scenarios on a case-by-case basis at their discretion.
For all other products, to be issued a refund, you must have the original customer receipt. You will be issued a refund in the same method by which you paid. When issuing refunds, Southwestern will refund the amount charged and is not liable for any incurred bank fees or transaction fees. You must ship the Products to Southwestern in their original packaging (the “Returned Products”), prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. Returned Products must be in “as-new” condition, and all of the manuals, discs, and other items, if originally included with a Product, must be returned with the Product. Any returned Product shipped C.O.D., or without a Return Authorization Number visible on the exterior of the carton, may be refused by Southwestern. From time to time, Southwestern may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with Southwestern’s exchange policies in effect on the date of the exchange. Please see “Notice of Cancellation” on the back of the yellow and white receipt.
NOT FOR RESALE
You agree and represent that, in the event you purchase Products or Services through the Website and Affiliate Websites, you are doing so for your own internal use only and not for resale.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Updated: January 16, 2019
Ownership of Website and Content
Southwestern and its affiliates (the “Websites,” and each individually, a “Website”) and their contents are intended for your personal use. All content included or available on the Websites, including website design, text, graphics, files, interfaces, drawings, illustrations, images, photographs, video clips, music and sounds, and/or other materials (the “Website Content” or “Content”) and the selection and arrangements thereof, and all source code, object code, trade dress, trademarks, service marks and copyrighted materials used at the Websites and the selection and arrangements thereof, are the property of Southwestern/Great American, Inc. and its related entities and/or their assigns and licensors, whichever is applicable, (“Southwestern,” “we,” “us,” or “our”) unless otherwise indicated. Southwestern reserves all rights in such Content.
Procedure for Reporting Copyright or Other Intellectual-Property Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Southwestern to terminate the privileges of any user who infringes the copyright rights of others upon receipt of prompt notification to Southwestern by the copyright owner or the copyright owner’s legal agent. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Southwestern designates the following as its agent for receipt of notifications of claimed copyright or other intellectual-property infringement:
By email: [email protected]
By phone: 615-391-2500 (switchboard)
By fax: 615-316-5460
By regular mail:
Southwestern Family of Companies
Attn: Intellectual Property Claims
2451 Atrium Way
Nashville, TN 37214
To notify us of a claimed infringement of your copyright or other intellectual-property right by material residing on or accessible through these Websites, you must contact us in writing by regular, fax or email at the addresses provided above and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works on this website are covered by a single notification, a representative list of such works at the website;
- 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;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- The following statement by you: “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”; and
- The following statement by you: “The information in this notification is accurate, and I, as the complaining party, declare under penalty of perjury that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, we may, in our discretion, remove or disable the material claimed to be infringed.
Please be advised that if you materially misrepresent that material is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether the material infringes on your intellectual property, you should consider contacting an attorney before contacting us.
How to Respond to a Claimed Infringement
If we remove or disable the material claimed to be infringing, we will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send us a counter-notice why the content does not infringe another’s intellectual-property rights and requesting reinstatement of the content. The counter-notice must be in writing and include the following information:
- The owner’s 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;
- The following statement by the owner: “I declare, under penalty of perjury, that I 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”; and
- The owner’s name, address, and telephone number, and the following statement by the owner: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which The Southwestern Company may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”
If we receive a counter-notice under these provisions, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at our discretion.