Digital Millennium Copyright Act
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF USANA, WITHOUT ADVANCE NOTICE. YOU MUST CHECK THIS NOTICE FREQUENTLY TO ENSURE THAT YOU HAVE READ THE MOST CURRENT VERSION OF THIS NOTICE.
USANA owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. It is USANA’s policy to respond as required by law to claims of copyright infringement. The Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"), provides copyright owners or their authorized agents with a procedure for notifying service providers (as defined in the DMCA) of claims of unauthorized use of copyrighted materials. Because USANA is considered a service provider within the scope of the DMCA, it must comply with the notice and procedural requirements of the DMCA. If you believe any material on this site infringes your copyright or the copyright of any third party, you should promptly notify the following designated agent of USANA in writing:
Ms. Chen Shen, Associate Legal Counsel
3838 West Parkway Boulevard
Salt Lake City, Utah 84120-6336
Your written notification to the above-referenced designated agent must include substantially all of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you claim has been infringed;
- The exact location of the alleged infringing material;
- The exact location of the link to the alleged infringing material;
- Your address, telephone number and electronic mail address;
- A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
- A statement by you that the above information in your written notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Upon receipt of your written notification of an alleged copyright infringement, USANA will take the following steps:
- Remove or disable access to the alleged infringing work;
- Forward your notification to the Respondent; and
- Take reasonable steps to promptly notify the Respondent that USANA has removed or disabled access to the alleged infringing material.
At this point, the Respondent ("Respondent") may submit a counter notification in writing to USANA’s designated agent. The counter notification must include substantially all of the following information:
- An electronic or physical signature of the Respondent or someone authorized to act on behalf of the Respondent;
- A description of the copyrighted material that has been removed or disabled;
- The exact location of the material before it was removed or disabled;
- A statement under penalty of perjury that the Respondent has a good faith belief that the copyrighted material has been removed or disabled as a result of mistake or misidentification; and
- The Respondent’s name, address and telephone number along with a statement that the Respondent consents to the jurisdiction of the Federal Court in the district in which he/she/it resides or, if the
- Respondent’s address is outside the United States, a statement that the Respondent consents to jurisdiction of the United States federal district court in Salt Lake City, Utah.
Upon receipt of a counter notification containing substantially all of the foregoing information, USANA will take the following steps:
- Send you a copy of the Respondent’s counter notification;
- Inform you that USANA will replace the alleged infringing material or cease disabling access to it within ten (10) business days; and
- Replace the alleged infringing material that was previously removed or cease disabling access to it not less than 10 or more than fourteen (14) days following receipt of the Respondent’s counter notification, unless you have supplied USANA’s designated agent with evidence that you have filed an action seeking a court order to restrain the Respondent from engaging in the alleged infringement that was the subject of your written notification.
USANA reserves the right to terminate the online privileges of individuals who repeatedly violate the copyrights of others.