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Copyright © 2011 Motorvation, 1215 Vermeer Cove,
Cordova, TN 38018, U.S.A. All rights reserved.
Trademarks: The names of actual companies and products mentioned herein
may be the trademarks of their respective owners in the U.S. and/or
other countries including but not limited to: Motorvation, Motorvator,
X-Celerator, X-Celerator Plus, Koolstat.
Any rights not expressly granted herein are reserved.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING
THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL
MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR
TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL
NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated
Agent:
Service Provider(s): Motorvation
Name of Agent Designated to Receive Notification of Claimed
Infringement: Mark Pickens
Full Address of Designated Agent to Which Notification Should be Sent:
1215 Vermeer Cove, Cordova, TN 38018
Telephone Number of Designated Agent: 901-309-3342
Facsimile Number of Designated Agent: 866-821-0032
To be effective, the Notification must include the following:
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 copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider 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;
A statement that the Complaining Party has 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
A statement that the information in the notification is accurate, and
under penalty of perjury, that the Complaining Party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
Upon receipt of the written Notification containing the information as
outlined in 1 through 6 above:
Service Provider shall remove or disable access to the material that is
alleged to be infringing;
Service Provider shall forward the written notification to such alleged
infringer ("Subscriber");
Service Provider shall take reasonable steps to promptly notify the
Subscriber that it has removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication
provided to the Service Provider's Designated Agent that includes
substantially the following:
A physical or electronic signature of the Subscriber;
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 the Subscriber has 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;
The Subscriber's name, address, and telephone number, and a statement
that the Subscriber consents to the jurisdiction of Federal District
Court for the judicial district in which the address is located, or if
the Subscriber's address is outside of the United States, for any
judicial district in which the Service Provider may be found, and that
the Subscriber will accept service of process from the person who
provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information as
outlined in 1 through 4 above:
Service Provider shall promptly provide the Complaining Party with a
copy of the Counter Notification;
Service Provider shall inform the Complaining Party that it will replace
the removed material or cease disabling access to it within ten (10)
business days;
Service Provider shall replace the removed material or cease disabling
access to the material within ten (10) to fourteen (14) business days
following receipt of the Counter Notification, provided Service
Provider's Designated Agent has not received notice from the Complaining
Party that an action has been filed seeking a court order to restrain
Subscriber from engaging in infringing activity relating to the material
on Service Provider's network or system.
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