Copyright and Intellectual Property Policy

AgileMD, Inc. ("Agile") respects the intellectual property rights of others and expects its users to do the same.

It is Agile’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights or other intellectual property rights of others.

Notification of Copyright Infringement

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Agile will respond expeditiously to claims of copyright infringement committed using the Agile website and related mobile applications (the "Services") that are reported to Agile’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Agile’s Designated Copyright Agent. Upon receipt of the Notice as described below, Agile will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

DMCA Notice of Alleged Infringement ("Notice")

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material that you claim is 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, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

  1. "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
  2. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide  your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Agile’s Designated Copyright Agent:

Copyright Agent
c/o AgileMD
455 Mission Bay Blvd S #124
San Francisco, CA 94158
legal@agilemd.com
Telephone: (650) 687-7054
Fax: (650) 360-3608

Counter Notices

One who has posted material that allegedly infringes a copyright may send Agile a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Agile receives a counter notice, Agile will reinstate the material in question in not less than 10 and not more than 14 business days after Agile receives the counter notice unless Agile first receives notice from the copyright claimant that he/she has filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to Agile, please return the following form to Agile’s Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the Agile Privacy Policy located at http://www.agilemd.com/about/privacy-policy/ and the terms of the DMCA, the counter notice will be given to the copyright claimant.

Counter Notice

1. Identify 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.

2. Provide your mailing address, telephone number, and, if available, email address.

3. Include both of the following statements in the body of the Notice:

  1. "I hereby state 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."
  2. "I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Agile may be found, and I will accept service of process from the complaining party who notified Agile of the alleged infringement or an agent of such person."

5. Provide  your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Agile’s Designated Copyright Agent:

Copyright Agent
c/o AgileMD
455 Mission Bay Blvd S #124
San Francisco, CA 94158
legal@agilemd.com
Telephone: (650) 687-7054
Fax: (650) 360-3608

Notification of Trademark Infringement

If you believe that your trademark (the "Mark") is being used on the Service by a user in a way that constitutes trademark infringement, please provide Agile’s Designated Copyright Agent (specified above) with the following information:

1. Your full legal name and your electronic or physical signature.

2. Information reasonably sufficient to permit Agile to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.

3. Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you.

4. Information reasonably sufficient to permit Agile to identify the use being challenged.

5. Include both of the following statements in the body of the Notice:

  • "I hereby state that I have not authorized the challenged use, and I have a good faith belief that the challenged use is not authorized by law."
  • "I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark, or authorized to act on behalf of the owner of the Mark."

Upon receipt of notice as described above, Agile will seek to confirm the existence of the Mark on the Services, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Services.