Last updated: June 21, 2022
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “BINDING ARBITRATION” SECTION.
Thank you for joining us on the Community Food Navigator, the website and mobile application of the Community Food Navigator (“Navigator”), a project of Windward Fund, a Washington, D.C. non-profit organization!
Our vision is to create collaborative spaces where people, communities, and organizations connect and organize based on their shared interest in local, accessible, and healthy food for all. In the process of connecting, we aim to expand our shared understanding about ways to democratize the systems that control our food, and thereby move us toward greater racial and economic equity and justice for communities addressing food inequities in the Chicago region, centering first on Black, Brown and Indigenous communities.
In pursuit of these goals the following Terms & Conditions (“Terms”) are intended to provide you with information and conditions for your use of the Navigator website platform, and the Community Food Navigator App (“App”) (collectively, “Digital Tools”). Navigator may at any time revise these Terms by updating this posting. By accessing, browsing, or using Navigator’s Digital Tools, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms, as amended from time to time, and our Privacy Statement . You are encouraged to visit this URL page from time to time to review the current Terms. If you have any questions about these Terms, please do not hesitate to reach out to Navigator staff through the website “Contact Navigator” link, or by emailing: firstname.lastname@example.org.
Your Use of the Digital Tools
You must comply with the following rules regarding acceptable use of Navigator’s Digital Tools.
You may not:
- access, tamper with, or use non-public areas of the Digital Tools, Navigator’s computer systems, or the technical delivery systems of Navigator’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- access or search Navigator’s Digital Tools by any means other than Navigator’s publicly supported interfaces (for example, “scraping”);
- attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources; or
- interfere with or disrupt the access of any user, host or network.
You may not use Navigator’s Digital Tools to carry out, promote, or support:
- any unlawful or fraudulent activities, including those that violate the privacy or publicity rights of any third party, or otherwise violate any applicable law or regulation;
- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- activities that are defamatory, libelous, or threatening; that constitute hate speech, harassment, or stalking (inciting, encouraging, or threatening physical harm against another); or that are obscene, lewd, lascivious, filthy, violent, slanderous, offensive, or otherwise objectionable, as determined in our sole discretion;
- the collection, publishing, or posting of other people’s private or personal information without their express authorization and permission;
- the sending of unsolicited communications, promotions, advertisements, or spam; the promotion of products or services that use deceptive or misleading business practices; or the propagation of pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
- the administering of unlawful contests, sweepstakes, or other promotions involving prizes;
- the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
- the promotion or advertisement of products or services other than your own without appropriate authorization.
As a user of our App and other Digital Tools, you may have the opportunity to participate in posts, blogs, online discussions, direct messaging, or other social features and thereby contribute content to the Digital Tools (“User Contributions”). You acknowledge and agree that you are solely responsible for the User Contributions you publicly post or privately transmit and that Navigator will not be liable in any way for any User Contributions.
When you create or make available any User Contributions, you represent and warrant that you are the creator and owner of the User Contributions, or you have the necessary rights or permissions to use the User Contributions.
You understand that by using the Digital Tools, you may be exposed to User Contributions that may be inaccurate or that you consider to be offensive or objectionable. Navigator assumes no liability for the accuracy of User Contributions or any damages or losses that may occur to you or any third party as a result of any User Contributions. We have the right (but not the obligation) to redact, change, pre-screen, delete, or undelete any User Contributions that we determined are in violation of these Terms.
In addition to any other remedies that may be available to us, Navigator reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Digital Tools, upon notice and without liability for Navigator should you fail to abide by these rules, in Navigator’s sole discretion, such action is necessary to prevent disruption of the Digital Tools for other users.
Participation in Groups and Events
The below terms additionally apply to all members, creators, and managers of groups on our App (“Groups”). Group managers are responsible for ensuring that your Group complies with the following rules and all applicable laws:
- Group names must not include content that is profane, obscene, lewd, lascivious, filthy, violent, slanderous, offensive, or otherwise objectionable.
- Name changes and merges must not substantially change the Group’s subject matter or be otherwise misleading.
- Events must provide clear and up-front disclosure for any actions or additional costs associated with an event ticket purchase.
- Changes to an event should not substantially change the event.
Copyrights & Permissions
The text, images, data, audio and video clips, software, documentation, and other content displayed on Navigator’s Digital Tools are protected by copyright, trademark, and other intellectual property rights and restrictions. Navigator, and relevant third parties, own and expressly reserve all rights, including copyright and trademark, in whole and in part, throughout the world, to materials on the Digital Tools.
Navigator does not warrant that use of any materials on the Digital Tools will not infringe the rights of third parties. For example, some works may be under copyright by the posting party or may include third-party trademarks or rights of publicity. Such works may not be used in any form and may not be copied or downloaded without prior permission from the posting party owning the underlying rights.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use the contents of Navigator’s Digital Tools, for which Navigator holds the rights, for public or commercial purposes, or for personal gain, without the express prior written permission of Navigator.
Navigator’s Digital Tools, and the copyrighted materials contained therein, may be used only as set forth in these Terms or by obtaining explicit written permission from Navigator and/or the relevant copyright or other rights holder. Any unauthorized use or modification of materials on the Digital Tools may violate copyright laws, trademark laws, the laws of privacy and publicity, contract, and communications regulations and statutes and other applicable laws and is strictly prohibited. Navigator expressly reserves all rights and remedies available under such laws, regulations, and statutes.
You may use the content of Navigator’s Digital Tools only for limited non-commercial, educational, and personal use, or where such use qualifies as “fair use” permitted under the United States copyright laws and provided further that you also retain all copyright and other proprietary notices contained on materials on the Digital Tools and cite the copyright owner. Navigator neither warrants nor represents that your use of any of the materials displayed on the Digital Tools will not infringe its rights or the rights of third parties not owned by or affiliated with Navigator. Materials on the Digital Tools that are under copyright owned by a third party may not be used in any form and may not be copied or downloaded without permission from the holder of the underlying copyright.
Anyone wishing to use the materials from Navigator’s Digital Tools for purposes other than as authorized herein must obtain prior written approval from Navigator. Permission for such use may be granted on a case-by-case basis at the sole discretion of Navigator, or the appropriate rights holder. A usage fee may be charged depending on the nature of the proposed use. For all other images on the Digital Tools, and for any text excerpts, please contact Navigator staff at email@example.com.
Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, Navigator. Navigator does not warrant that its images are free from rights claimed by third parties. As the user, it is your responsibility to obtain any third-party permissions that may be required for your use. Navigator assumes no liability for your use of these images.
Disclaimer of Warranties
Navigator assumes no liability for accuracy of the information posted on the Digital Tools, or any errors or omissions in the content of the Digital Tools. Navigator is engaged in an ongoing process of updating and revising materials on the Digital Tools and reserves the right to withdraw any image, text, or data from the Digital Tools at its sole discretion at any time. Navigator assumes no liability for any damages or losses that may occur to you, or any third party based on its actions. If the Digital Tools are unavailable, either on a temporary or permanent basis, Navigator assumes no liability for any losses that may be sustained by you or any third party arising from its unavailability.
All content on the Digital Tools are provided “AS IS” and “AS AVAILABLE” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT SUBSISTENCE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. WE DO NOT WARRANT THAT NAVIGATOR’S DIGITAL TOOLS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
Navigator assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property resulting from your use of the Digital Tools or your downloading of any content from the Digital Tools.
Limitation of Liability
IN NO EVENT SHALL NAVIGATOR, OR ANY OF OUR AFFILIATES OR SUBSIDIARIES, BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, INFORMATION, AND FUNCTIONS OF THE DIGITAL TOOLS OR ANY LINKED WEBSITE, EVEN IF SUCH PARTY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DIGITAL TOOLS OR THE INFORMATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND CONTENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, WEBSITE, OR APPLICATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, OR ANY HYPERLINKED WEBSITE.
Waiver of Injunctive or Other Equitable Relief
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE DIGITAL TOOLS, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY NAVIGATOR OR A LICENSOR OF NAVIGATOR.
Submission of Content and Personal Information
Any User Contributions, communications, or material you transmit to Navigator’s Digital Tools and/or to the domain by electronic mail or otherwise, including but not limited to any data, questions, comments, or suggestions (“Submissions”), will be treated as non-confidential and non-proprietary. You agree that anything that you voluntarily transmit, or post may be used by Navigator or its affiliates for its stated and intended purposes, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. To that end, you grant to Navigator a worldwide, paid-in-full, irrevocable, perpetual license to Submissions. Navigator will not treat any Submission as confidential information, and Navigator is free to use Submissions and any ideas, concepts, know-how, or techniques contained in the Submissions and any communication you send to the Digital Tools and/or to the domain for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products or services using such information. You also acknowledge and agree that Navigator may fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession.
Mobile Services and In-App Notifications
Our services may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to receive information and reply to messages via in-app push notifications, and to send content and messages using text messaging (“Mobile Texts”), and (b) the ability to access our services from your mobile phone (“Mobile Web”) (collectively, the “Mobile Services”). We do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device.
By using the Mobile Services you agree that we may communicate with you regarding our Digital Tools platform by in-app push notifications, SMS, MMS, text message or other electronic means to your mobile device[ZG1] and that certain information about your usage of the Mobile Services will be communicated to us.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties[ZG1] . Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Digital Tools platform to reflect this change.
Ability to Accept Terms and Conditions of Use
You affirm that you have reached the age of majority in your jurisdiction or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are at least 13 years of age, as the Digital Tools are not intended for children under 13.
Links to Other Websites
Navigator’s Digital Tools may contain links to third-party web sites or services that are not owned or controlled by Navigator. Navigator has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Any websites linked to or from Navigator’s Digital Tools (regardless of whether they are affiliated with Navigator) are for your convenience only, and you access them at your own risk. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Navigator. Any information that you may provide to such third-party sites is done at your own risk. This includes any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution
If you have any concern or dispute about the Digital Tools, you agree to first try to resolve the dispute informally by contacting Navigator. You can contact Navigator through the website contact form or via email to firstname.lastname@example.org.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration and Procedures, excluding any rules or procedures governing or permitting class or representative actions.
Except as set forth in this section, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Navigator to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Navigator will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this section while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the Washington, D.C., United States of America, and you and Navigator agree to submit to the personal jurisdiction of any federal or state court in Washington, D.C. in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND NAVIGATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If there is a final judicial determination that applicable law precludes enforcement of this Paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
Exception – Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Community Food Navigator, c/o Impact House, 200 W Madison Street, Suite 300, Chicago, IL 60606 [ZG1] . The notice must be sent within 30 days of June 21, 2022,or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Navigator also will not be bound by them.
Changes to this Section
Navigator will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the site after the 30th day, you agree that any unfiled claims of which Navigator does not have actual notice are subject to the revised clause.
For any dispute not subject to arbitration you and Navigator agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Washington, D.C. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The laws of Washington, D.C. and the United States, excluding its conflicts of law rules, shall govern these Terms and your use of Navigator’s Digital Tools. Any legal proceedings against Navigator that may arise out of, relate to, or be in any way connected with our Digital Tools, these Terms, and the Privacy Statement shall be brought exclusively in the state and federal courts located in Washington, D.C. and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Navigator may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to engage through Navigator’s Digital Tools will cease immediately.
Severability and Waiver
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
The failure or delay by Navigator to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by Navigator.
You agree to indemnify, defend, and hold Navigator and its officers, directors, employees, members, shareholders, contractors, or representatives (and all successors and assigns of the foregoing) harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of Navigator’s Digital Tools.
Changes to These Terms and Conditions
Except for the “Binding Arbitration” section, providing for binding arbitration and waiver of class action rights, we reserve the right, at Navigator’s sole discretion, to modify or replace these Terms at any time. By continuing to access or use Navigator’s Digital Tools after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Digital Tools. If you have any questions about these Terms, please contact us at email@example.com.
Digital Millennium Copyright Act (DMCA)
Navigator is committed to complying with U.S. copyright and related laws and requires all users of the Digital Tools to comply with these laws. Copyright owners who believe material posted on or linked to from Navigator’s Digital Tools is infringing should provide a written, signed notice of infringement to the designated agent as required by the DMCA, Title 17 U.S.C. § 512. Such notice should be sent to:
Windward Fund Compliance
1828 L Street NW, Suite 300
Washington, D.C. 20036
Phone: (202) 595-1020
To be effective, your infringement 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 or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
- 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”; and
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am 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:
- Navigator will remove or disable access to the content that is alleged to be infringing;
- Navigator will forward the written notification to the alleged infringer; and
- Navigator will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Navigator, the alleged infringer will have the opportunity to respond to Navigator with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Navigator’s designated copyright agent, and must include 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 disabled;
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Navigator 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 the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.