Privacy Policy

Last updated October 11, 2019

This Terms and Conditions Agreement (“Agreement”) outlines the regulations and rules for the use of Atraxia Media website (“Site”).

Throughout the site, the terms “You” or “User” refer to you, the person logged on this Site and compliant to the Company's Agreement. “The Company”, “We”, and “Us”, refer to our Company, this Site, its subsidiaries, divisions, and related sites. “Services” refers to the Company’s products and services.

The Agreement that applies to this Site and Company is made between Us and You, and describes the proper kinds of conduct and prohibited uses of the Company’s Services, according to which this policy is incorporated.

This Agreement is not exhaustive, and The Company reserves the right to make changes at any time. Your access and/or use of the Site constitutes approval to comply with and be bound by The Agreement in its entirety.

PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT APPROVE WITH ALL THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS THE SITE.

YOU UNDERSTAND THAT INFORMATION PROVIDED ON AND/OR THROUGH THE SITE IS ONLY ADVERTISING MATERIAL AND IT MAY NOT BE CONSTRUED AS MEDICAL, LEGAL OR OTHER ADVICE. You understand, accept, and agree that providing information to the Site does not create an attorney-client relationship and that The Company is not a lawyer referral service. In certain states, this may be considered an attorney advertisement.

Infomation You provide to the Site forms solely a request to be contacted by a law firm about your case. Accordingly, You understand and agree that information voluntarily provided to us will be reviewed by more than one attorney and/or law firm and that You may be contacted by more than one attorney and/or law firm. You agree that the information provided in response is for general purposes and that You will not be charged for it.

You further understand and agree that state laws vary, this information is not legal advice and should not be relied upon as such. Since your case may require advice particular to your home state, You understand and agree that local counsel may be contacted for a referral. You also understand and agree that, as a result of your submission of contact information, The Company is not responsible for retaining local counsel or otherwise.

You also understand and agree that You are solely responsible for investigating any attorney or law firm that contacts You and that (i) neither The Company, nor its Affiliates may be held responsible or liable in any way for any claims You may have resulting from the services or information You may be provided with; and (ii) The Company makes no representations or warranties regarding the licensing, bonding or qualifications of anyone who may contact You on the basis of the information you submitted.

Any results appearing on the Site are specific to a particular case and do not represent a guarantee or prediction of future results.

1. Acceptance & Changes

When you visit or access the Site, you agree to be bound by the terms of this Agreement and you consent to the terms of our online Privacy Policy. Also, you consent to us using and processing any user information for the purposes provided in the Privacy Policy.

Your visitation and/or use of the Site means that you accept this Agreement and the practices set forth in our Privacy Policy. We reserve the right to change or modify this Agreement and/or our Privacy Policy at any time without prior notice. Continued visit or access to the Site following any change indicates your agreement and/or consent to the change(s). It is your sole responsibility to check back regularly to keep track of any updates to this Agreement and our Privacy Policy.

2. Requirements to Use the Site Offerings; Termination Of Access

The Site Offerings are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority in their jurisdiction). If You are under eighteen (18) years of age (or the applicable age of majority in your jurisdiction) and/or if You cannot form legally binding agreements under applicable law, You do not have permission to use and/or access the Site and/or Site Offerings. The Company may terminate Your access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where The Company believes that You are: (a) in breach of the Agreement any way in; and/or (b) engaged in any improper conduct in connection with the Site Offerings.

3. Use Of Our Services

The User agrees that by freely providing us with his or her personal information, he or she is making an inquiry and thereby entering into a business relationship with The Company or Us. The User is requesting that We distribute his or her information to our Affiliates, and The User expressly requests and consents to be contacted by telephone, email, letter and/or fax by Us, our employees, representatives, agents, Affiliates, and third party contracted vendors with information related to his or her inquiry as well as other promotions and offers, even if a telephone number he or she provides is on a federal, state, or wireless Do Not Call list. The User expressly confirms he or she understands that these telephone calls, emails, letters and/or faxes are being made according to his or her request for such communications.

The User may be required to submit, and We may collect, some or all of the following information: a) the User’s email address; (b) the User’s whole name; (c) the User’s phone number; (d) the User’s mailing address; (e) the User’s date of birth; (f) questions regarding certain health conditions of the User and/or close family members of the User; and (g) “Contact Data”, any information collected via the Contact Services form. Upon entering Contact Data and clicking on the applicable submission button on the Site: (i) the User may be contacted by Us and/or one (1) or more of our Third Party Legal Services Providers regarding his or her request; and/or (ii) We may pass the User's Contact Data along to one (1) or more of our Third Party Legal Services Providers. Where We contact the User in connection with his or her submission of Contact Data, Our representative may request additional information over the telephone including some or all of the following: (A) User's date of birth; (B) User's mailing address; (C) User’s emergency contact name and telephone number; (D) questions pertaining to certain of User’s health conditions, if any, including: (I) prescription drugs taken in connection with same; (II) physicians that provide(d) treatment in connection with same; and (III) complications experienced in connection with same; and (E) any other information requested by the applicable representative (collectively, “Follow-Up Data,” and together with the Contact Data, the “User Data”).

Users agree to provide true, accurate, complete and current User Data.

Our use of User Data shall be governed by the Privacy Policy.

The User understands and agrees that We shall not be liable to him or her or any third party for any products and/or services offered by any Third Party Legal Services Provider.

Please be advised that the User Data submitted by you, and any and all other information provided by you to Us is not protected by the attorney-client privilege, and submitting it does not create an attorney-client relationship.

4. Disclaimers; Non-Endorsement

(a) We do not sponsor, recommend or endorse any Third Party Legal Professionals that is accessible by or through the Contact Services and/or other Site Offerings. The Site Offerings facilitate communication between Users and Us, as well as potential Third Party Legal Professionals. We do not guarantee that Users will successfully find legal representation through the Site Offerings.

(b) Users are advised to use caution and common sense when using the Site Offerings. The content or legality of any responses, statements or promises made by Third Party Legal Professionals or any other parties on the Site or otherwise through the Site Offerings are in no way endorsed by us.

(c) Determining the need for legal services and choosing legal representation are extremely important decisions and should not be based solely upon advertisements, or self-proclaimed expertise by any Third Party Legal Professionals. We do not review the standing of any Third Party Legal Professionals with any regulatory authority or bar association. Therefore, We make no representation regarding the status, standing or ability of any Third Party Legal Professionals. Users should check a Third Party Legal Professionals' standing with the applicable state bar association when considering employing a Third Party Legal Professionals.

(d) Any description or indication of specialization or limitation of practice by any Third Party Legal Professionals that are accessible through the Site Offerings are not Our responsibility, and We in no way endorse it. Please be aware that such Third Party Legal Professionals may not be certified by any agency or board as a specialist or expert in any indicated field of law practice. Also, a Third Party Legal Professionals claiming specialization is not necessarily any more expert or competent than other legal professionals. Users should confirm and verify all claims made by Third Party Legal Professionals through an independent investigation. Users are encouraged to use caution when reviewing any information submitted by Users or Third Party Legal Professionals.

(e) The agreements between Users and Third Party Legal Professionals or the actual provision of Legal Services in connection with the relationships created thereby do not involve Us. Therefore, We make no representations or warranties regarding the competency, trustworthiness, honesty, integrity and/or behavior of either our Users or Third Party Legal Professionals. Each User, and not Us, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Legal Professionals that the User contacts via the Site Offerings.

5. Indemnification

The User agrees to indemnify, defend and hold Us, our affiliates, employees, officers, directors and shareholders harmless from and against any claims, suits, actions or proceedings (“Claims”) brought and damages, costs (including attorneys’ fees) and/or judgments awarded against Us that arise from or related to: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of the User’s use of the Site or the User’s actions; (ii) the User’s breach of the Agreement and/or any representation or warranty contained herein; or (iii) the User’s failure to comply with all applicable laws. We shall give the User written notice of such Claims, permit the User to defend (with counsel reasonably acceptable to us) and/or settle such Claims (upon terms reasonably acceptable to us), and, subject to our sole discretion, give the User information and assistance reasonably requested by the User in connection with such Claims.

6. Editing, Deleting And Modification

We reserve the right in our sole discretion to modify, edit and/or delete this Policy and Agreement at any time, effective upon its posting, as modified, and you agree to the Modified Policy and Agreement by accessing or using our Site, products or services.

7. Privacy Policy

We respect the privacy of visitors to our Site: www.atraxiamedia.com. Any and all information submitted by the User through, or in association with the Site Offerings, including, without limitation, the User Data, shall be subject to the Privacy Policy. Please review our Privacy Policy carefully.

8. DISCLAIMER OF WARRANTIES

a. THE USER UNDERSTANDS AND AGREES THAT THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN THE SITE OR PROVIDED IN CONNECTION WITH THE SITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT THE COMPANY IS NOT ENGAGED IN RENDERING PROFESSIONAL SERVICES OR ADVICE.

b. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING UNDER STATUTE, IN TORT, OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

c. THE ADVERTISERS APPEARING ON THE SITE OR THROUGH THE SITE ARE NOT THE COMPANY'S AGENTS, PARTNERS OR EMPLOYEES AND THE COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY ENTITY OR SERVICE APPEARING ON THE SITE OR AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

d. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (i) THE SITE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS; (ii) THE INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE SITE MAY BE INTERRUPTED OR UNAVAILABLE TO PERFORM MAINTENANCE OR UPGRADES. THE COMPANY WILL NOT BE RESPONSIBLE FOR: (a) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER; (b) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT; (c) INABILITY OF USER TO ACCESS ANY OTHER SERVICE PROVIDER OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE COMPUTING OR INFORMATIONAL RESOURCES AVAILABLE THROUGH THE INTERNET; (d) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR COMPUTING OR INFORMATIONAL RESOURCES THROUGH THE INTERNET; (e) SERVICE PROVIDED BY OTHERS INCLUDING INTERRUPTIONS WITH INTERNET CONNECTION; OR (f) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.

e. THE COMPANY DOES NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS.

f. NEITHER THE COMPANY, NOR THE SITE ARE AFFILIATED WITH, SPONSORED, ENDORSED, OR APPROVED BY THE MANUFACTURERS OF ANY PRODUCT THAT MAY BE MENTIONED ON THE SITE.

9. LIMITATION OF LIABILITY

a. IN NO EVENT, INCLUDING NEGLIGENCE, WILL THE COMPANY OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF PROFITS, LOSS OF DATA, LOST BUSINESS REVENUE, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR DELAY, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM AGAINST YOU BY ANY OTHER PERSON RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, SERVER DOWNTIME, ERRORS IN TRANSMISSION, DEFECTS, VIRUSES, DELAYS, OR FAILURE OF PERFORMANCE OF THE SERVICE, OR FOR ANY OTHER REASON, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES.

b. THE COMPANY SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO ANY DATA, SERVICES, OR EQUIPMENT; ALTERATION OF ANY DATA, SERVICES, OR EQUIPMENT; LOSS OF ANY DATA, SERVICES, OR EQUIPMENT; THEFT OF ANY DATA, SERVICES, OR EQUIPMENT; OR DESTRUCTION OF ANY DATA, SERVICES, OR EQUIPMENT INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.

c. THE COMPANY SHALL BE LIABLE TO YOU ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER LIABILITY, OBLIGATION, DUTY, OR WHATSOEVER IN CONTRACT; LIABILITY, OBLIGATION, DUTY, OR WHATSOEVER IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR LIABILITY, OBLIGATION, DUTY, OR WHATSOEVER OTHERWISE TO YOU. THE LIMITATIONS IN THIS AGREEMENT; EXCLUSIONS IN THIS AGREEMENT; AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF DEMAND OR IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION BY YOU, INCLUDING BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE FUNDAMENTAL BREACHES OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY OR MAY PROVIDE ADDITIONAL RIGHTS THAT MAY NOT BE WAIVED ACCORDING TO THIS DOCUMENT.

d. YOU HEREBY ACKNOWLEDGE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL CLAIMS ARISING OUT OF THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.

e. IF YOU RESIDE IN CALIFORNIA YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR DOES NOT SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

10. MISCELLANEOUS

a. Severability. If any provision or portion of this Agreement is deemed to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision or portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of this Agreement that is deemed to be valid, legal or enforceable, as the case may be, shall be binding on the parties.

b. Assignment. You may not, without the Company's prior written consent (which may be given or withheld in The Company's sole discretion), assign or transfer to any third person this Agreement or any of The Company's rights or obligations under this Agreement. The Company may assign this Agreement to any person or entity without the User's consent. The Company may delegate any of the obligations herein imposed upon it to its affiliates, agents, suppliers and contractors, and The Company may disclose to its affiliates, agents, suppliers and contractors any information required by them to perform the duties so delegated to them.

c. Waiver. A failure or delay by The Company to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the obligations or rights of either party under this Agreement.

d. Governing Law; Forum; Venue. This Agreement shall be governed by and construed under the laws of the State of California without reference to conflict or choice of law rules or principles. The parties unconditionally and irrevocably submit for the purposes of any suit, action or other proceeding arising out of this Agreement or the subject matter hereof brought by any party hereto to the exclusive jurisdiction of the courts of the State of California located in Los Angeles County or in the United States District Court for the Central District of California; and in any such suit action or proceeding hereby waive and agree not to assert as a defense or otherwise: any claim that it is not subject personally to the jurisdiction of the courts of the State of California; that the suit, action or proceeding is brought in an inconvenient forum; or that the venue of the suit, action or proceeding is improper.

e. Waiver of Jury Trial and Class Suit. The User also acknowledges and understands that, with respect to any dispute with The Company, its officers, directors, employees, partners, limited partners, agents or affiliates, relating to or arising from the User's use of the Site or this Agreement that THE USER IS GIVING UP THE RIGHT TO HAVE A TRIAL BY JURY AND THE USER IS GIVING UP THE RIGHT TO SERVE IN ANY REPRESENTATIVE CAPACITY, SUCH AS SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INVOLVING SUCH DISPUTE.

f. Miscellaneous. All covenants, agreements, representations, and warranties made in this Agreement shall survive the User's acceptance of this Agreement and the termination of this Agreement.

g. Construction.  In this Agreement, the titles of the sections are for convenience of reference only and are not to be considered in construing any meanings contained in this Agreement. In this Agreement, unless the context clearly requires otherwise, (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) references to one gender include all genders, (iii) “or” has the meaning frequently identified with the inclusive phrase “and/or,” (iv) “including” has the meaning frequently identified with the inclusive phrases “including without limitation” or “including but not limited to” and (v) references to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole. Any reference to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may, from time to time, be modified, varied, amended or supplemented. The parties agree that this Agreement shall be fairly interpreted under its terms without any strict construction in favor of or against either party and that ambiguities shall not be interpreted against the drafting party.

h. Attorneys’ Fees. If any legal action between the User and the Company is necessary to enforce any of the terms of this Agreement, the prevailing party in any such action shall be entitled to recover from the non-prevailing party its reasonable attorneys’ fees and costs.

i. Relationship. These Terms create no agency, partnership, joint venture, or employee-employer relationship between the User and the Company unless otherwise noted in writing by the Company.

j. Entire Agreement. This Agreement supersedes prior agreements and all prior discussions between the parties, relating to the subject matter contained herein and sets forth the entire agreement of the parties. This Agreement shall be binding only as expressly stated in this Agreement or as contemporaneously or subsequently outlined in writing and signed by a duly authorized officer or representative of the party to be bound thereby. Neither party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than those in this Agreement.

11. International Use

The Company makes no representation or warranties that the Site or its services are appropriate or available outside the U.S. You choose, on your own initiative, to access or use the Site from outside the U.S. and will be solely responsible for compliance with local laws.

12. Contact Us

If you have any questions about the Agreement, Site Services, or the practices of The Company, please contact us at contact@atraxiamedia.com.

DIGITAL MILLENNIUM COPYRIGHT ACT

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

It is The Company's 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 or terminating subscribers. If The Company removes or disables access in response to such a notice, The Company 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 under sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which The Company acts.

Please refer to the following detailed instructions, which must be followed to protect the User's rights under the Digital Millennium Copyright Act.

Infringement Notification

To file a notice of infringement with The Company, the User 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 be informed that the User may be liable for damages (including costs and attorneys’ fees) if the User materially misrepresents that a product or activity is infringing the User's copyrights. Accordingly, if the User is not sure whether material available online infringes the User's copyright, The Company suggests that the User first contacts an attorney.

The User's communication must include substantially all of the following:

If a person is authorized to act on behalf of the owner of an exclusive right that is claimed to be infringing, communication must include the authorized person's physical or electronic signature. Identify in sufficient detail the location of copyrighted work that the User believes has been infringed upon (for example, “The copyrighted work at issue is the text that appears on https://www.atraxiamedia.com/uglytext_page.html/”) or other sufficient information that can specify the copyrighted work being infringed. A representative list of multiple copyrighted works at a single online site covered by a single notification.

Identification of the material that is allegedly infringed or the subject of infringing activity and that is to be removed or access to which is to be disabled.

Reasonably sufficient information to allow The Company to locate the material and to contact the complaining party, such as an address, telephone number, and, if available, an email address at which 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.”

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:

Atraxia Media

16835 W Bernardo Dr Ste 214

San Diego, CA 92127

Counter-Notification

A counter-notification may be made by the administrator of an affected site or the provider of affected content, pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When The Company receives a counter-notification, The Company may reinstate the material in question.

To file a counter-notification with The Company, the User 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 the User will be liable for damages (including costs and attorneys’ fees) if the User materially misrepresents that a product or activity is not infringing the copyrights of others. Accordingly, if the User is not sure whether certain material infringes the copyrights of others, The Company suggests that the User first contact an attorney. To expedite The Company's ability to process the User's counter-notification, please use the following format (including section numbers):

The User's communication must include substantially the following:

A physical or electronic signature of the subscriber.

Identification of the material to which access has been disabled or that has been removed and the location at which the material appeared before access to it was disabled or it was removed.

A declaration under penalty of perjury that the User 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 User's name, address, and telephone number

The following statement: “I consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, (or San Diego 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."

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:

Atraxia Media

16835 W Bernardo Dr Ste 214

San Diego, CA 92127

The information contained in this Site is provided for informational purposes only and should not be considered as legal advice or a substitute for competent legal counsel. All Rights Reserved. © Atraxia Media