Last updated: June 24, 2024
IMPORTANT NOTICE: DO NOT USE THE SERVICES TO COMMUNICATE OR MANAGE MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL 911 IMMEDIATELY OR SEEK OTHER APPROPRIATE MEDICAL ASSISTANCE.
These Terms of Use (or “Terms”) are entered into between you and NMF Science LLC, including any current and/or future affiliate entities (collectively “NMF Science LLC,” “we,” “us,” or similar terms) and constitute a legally binding agreement between you and NMF Science LLC. “You,” “your,” and similar terms refer to you, as an individual, as well as the business or entity on whose behalf you are using or visiting this website, as well as any person or entity that has rights through you.
NMF Science LLC is proud to offer the Introduction to Neuromyofascial Science podcast and other content for users’ benefit and information via nmfscience.com (the “Content”). “Website,” “site” or similar terms mean this website, with a home page located at www.nmfscience.com, and all subordinate pages. The Website will allow you to learn more about the Content, as well as purchase special access to the Content, subject to the terms and conditions of these Terms. The Website and Content, and all information and materials contained in or offered thereby, are collectively referred to as the “Services.”
YOUR AGREEMENT TO THESE TERMS OF USE INCLUDES AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISPUTES, A CLASS ACTION WAIVER, INDEMNIFICATION OBLIGATIONS AND LIMITATIONS OF LIABILITY, AS DESCRIBED FURTHER BELOW. These provisions affect your rights and remedies under these terms. Please review them carefully before accessing or using the services or making any purchases.
THE SERVICES AND ALL CONTENT CONTAINED THEREIN ARE THE PROPERTY OF NMF SCIENCE LLC, ITS AFFILIATES AND RELATED ENTITIES (INCLUDING DR. LAMB MEDICAL), AND ITS LICENSORS AND ARE PROTECTED BY INTERNATIONAL AND U.S. COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS. NMF SCIENCE LLC TAKES THE INFRINGEMENT OF ITS INTELLECTUAL PROPERTY RIGHTS VERY SERIOUSLY AND RESERVES ALL RIGHTS TO TAKE APPROPRIATE ACTION TO TERMINATE ANY SUCH INFRINGEMENTS.
Not Medical Advice
The information on any NMF Science LLC website or online presence, including nmfscience.com and the Content, and including all texts, graphics, images or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. The Services do not provide medical, professional, or licensed advice and are not a substitute for consultation with a health care professional. You should seek medical advice from a qualified health care professional for any questions. Do not use the Services for medical diagnosis or treatment. None of the content on the Services represents or warrants that any particular device, procedure, or treatment is safe, appropriate or effective for you. To the extent that NMF Science LLC provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness.
Your reliance on any information on the Services is solely at your own risk. NMF Science LLC makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information on the Services. We reserve the right to withdraw or amend the Services, and material we provide on the Services, in our sole discretion without notice.
Your Agreement to these Terms of Use
By using or visiting the Services, or otherwise clicking “I Agree,” “Submit,” or a similar button or checkbox when prompted, you accept and agree to these Terms of Use as well as to the terms of our Privacy Policy, including all updates and revisions to either document. If you do not agree to be bound by these Terms, do not access or use the Services, sign up for an account, or make any purchases via the Services.
NMF Science LLC reserves the right to make changes to these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Therefore, you should review these Terms of Use and our Privacy Policy every time you visit or use the Services.
If you are dissatisfied with the Services or these Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Services.
Eligibility
The Services are intended for use by adults who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and otherwise meet all of the eligibility requirements contained herein.
Based in U.S.
NMF Science LLC is located in the United States (U.S.). NMF Science LLC makes no representations that the information or materials on or linked through the Services are appropriate or available for use in other locations. Those who choose to access or use the Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so. By interacting with or submitting information via the site, you consent to the transfer to and processing of such data in the U.S. The Services offered thereby are not intended to subject NMF Science LLC to any non-U.S. jurisdiction or law. If you believe you are entitled to any additional rights under any non-U.S. laws or regulations, please contact us at legal[at]nmfscience.com.
Non-Commercial Use; Intellectual Property Ownership
Subject to your compliance with these Terms, NMF Science LLC grants you a nonexclusive, personal, nontransferable, revocable, and limited license to access and view the Services, including any Content materials, for your personal, non-commercial use. NMF Science LLC does not grant you permission to represent that, by your access and use of the Services, you are affiliated with, a representative of, or authorized to act on NMF Science LLC’s behalf.
The materials on this website, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials displayed on or that can be downloaded from this website, belong to NMF Science LLC, its affiliates, parent companies, or related entities, or a third-party licensor to us and are protected by U.S. and international copyright and other intellectual property laws. NMF Science LLC is committed to exercising any remedies available to it to protect its intellectual property rights and will seek to terminate any infringing conduct.
You may access and use the materials provided via the Services solely for your personal, non-commercial use. If the Services allow you to e-mail, download, or print a copy of the materials on the Services, you must also include all copyright, trademark, and other proprietary notices that are in the materials and you are strictly prohibited from distributing or sharing any such copies with any other individual or third party. Such downloading or copying is permissible only in accordance with any terms provided in connection with the fair use doctrine under U.S. Copyright laws and these Terms. You are not authorized to post, share, transmit, distribute, publish, copy, or display, or permit any third party to post, share, transmit, distribute, publish, copy, or display, any videos or content contained in the Services in or on any other website, mobile application, internet account, social media account, or other online platform. You are not authorized to modify or change the Services materials in any way, and you hereby assign to NMF Science LLC any and all rights you may acquire or have in any modifications to any of the Services materials.
You may not, and may not permit any third party to, reproduce or publicly display, perform, or distribute or otherwise use any materials or information on the Services for any public or commercial purpose. You may not, and may not permit any third party to, remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices.
As between you and NMF Science LLC, all rights, title and interest in and to the Services, including all content, videos, graphics, text, software, brochures, guides, and other information, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights, therein are and will remain the sole and exclusive property of NMF Science LLC, its affiliates or related entities, and our licensors, partners, contributors and vendors. No ownership interest is transferred to you or any other entity by virtue of making the content available on the Services or granting the foregoing licenses.
Restrictions on Website Use
You agree to not use the Services in any way not permitted by these Terms of Use. You agree that in the course of accessing and using the Services: (i) you will not misrepresent your identity, impersonate any individual or entity, or provide false information to NMF Science LLC; (ii) you will not attempt to access any part of the Services to which access has not been explicitly granted to you, personally; (iii) you will not take any actions that may interfere with the operation of the Services or the use of the Services by other users; (iv) you will not violate or directly or indirectly enable another individual or entity to violate these Terms of Use; (v) you will not violate any applicable laws and regulations; and (vi) you will not attempt to modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services.
You shall not use the Services for any purposes beyond the scope of the access granted by these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person.
In connection with the Services, you must not: (i) transmit, or otherwise make available through or in connection with the Services, any virus, worm, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software, or routine that interferes with the Services; (iii) interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services; (iv) use any automatic device, process, or means to access the Services for any purpose, including monitoring or copying content or data on the Services; and (v) otherwise attempt to interfere with the proper working of the Services. NMF Science LLC reserves the right to terminate access to any or all features of the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Accessing the Services and Password Responsibilities
From time to time, we may restrict users’ access to some parts of the Services. NMF Science LLC does not make any representations or guarantees regarding uptime or availability of the Services.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
We may block, limit or terminate your access to the Services for any reason, including if: (i) you violate these Terms of Use; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.
The Services may allow you to create a user account, and you may need to provide certain registration details or other information to access the Services or some of the features it offers. It is a condition of your use of the Services that all the information you provide in connection with the Services is correct, current, and complete. You agree that all information you provide to NMF Science LLC or our service providers is governed by our Privacy Policy, and you hereby expressly consent to all actions we take with respect to your information consistent with our Privacy Policy.
Your account credentials are personal to you. You are not authorized to allow any third party, including any person or entity on your behalf, to access any protected areas of the Site using the credentials assigned to you. If you make your log-in information available to others, they will be able to view information available to you and communicate with other users as if they were you. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or log-in credentials. If you suspect any unauthorized access or use of your account, you shall immediately change your password and inform NMF Science LLC of the suspected unauthorized activity (contact information is below). NMF Science LLC reserves the right to refuse service, terminate accounts or credentials, or remove or edit content at any time with or without notice.
Your Comments, Postings, and Ideas
The Services may provide opportunities for you to post or submit your feedback, comments, ideas, or similar items. Any comments, ideas, or information that you submit through the Services will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). You are solely responsible for the content you transmit or post, and we assume no responsibility or liability for any content submitted by you or any other visitor of our Services. You agree your postings will only reflect your own experience, truthfully as you understand it. You agree you will not impersonate any person or use a false identity (the name of some other living person) although you may use a first-name only, nick-name, or pseudonym as long as you clearly identify as such. You agree that you will not send or transmit any communication or content that infringes or violates any rights of any party.
If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Services, you hereby grant us a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein, and agree that we are free to use them for any purpose.
We may remove or refuse to post any of your contributions for any or no reason in our sole discretion. We may also take any action, including disclosing your identity or other information about you, with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for NMF Science LLC.
Links to Other Websites
The Services may contain links to websites that are not operated by us (including social media platforms). These links are provided for your convenience and do not imply any endorsement of the material on these third-party websites. Since we do not control these websites, we are not responsible for their content. These third-party websites may contain information about uses of devices, products or therapies that have not been approved or cleared by the Food and Drug Administration. We do not endorse any such “off-label” uses. These third-party websites may contain information that is inaccurate, incomplete, or outdated. You access and use these websites solely at your own risk. You should read the privacy policy and terms of use of any such site you visit.
Free Membership Offer
We’re excited to offer a Free Membership option to our users. This membership type does not require any payment or financial commitment. However, please note that NMF Science LLC reserves the first right of refusal for all Free Membership applications. We hold the discretion to accept or decline any Free Membership request without the obligation to provide any justification.
Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the Order has been confirmed and your credit card or other payment mechanism charged. NMF Science LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Content.
NMF Science LLC will provide access to the Content in a form and format that is in the sole discretion of NMF Science LLC. Due to licensing restrictions that may apply to the Content, or the content or offerings contained therein, NMF Science LLC reserves the right to remove, modify or replace any specific content (such as, without limitation, text, images, photographs, or videos) of the Content in its sole discretion, without notice or liability to you.
Security
While we take reasonable measures to protect your information, we cannot give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information, or view such information in-transit over the Internet and/or through email or other methods. By submitting information to NMF Science LLC, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such case you may not be able to make use of the full functionality of the Services. You agree that NMF Science LLC is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
Communicating with You
You agree that we may communicate with you through any and all contact information and methods you provide to us, including but not limited to text message, email, telephone, social media account, fax, and/or postal mail.
Disclaimer Of Warranties, Indemnification, And Limitation Of Liability
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL ACCESS TO THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. NMF SCIENCE LLC DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATIONS EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES OR DOWNLOADING ANY OF ITS CONTENT.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NMF SCIENCE LLC, OUR VENDORS AND ADVERTISERS, AND OUR AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY “NMF SCIENCE LLC PARTIES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, JUDGMENTS, AND SETTLEMENT, ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS OF USE, YOUR USE OR MISUSE OF THE SERVICES, OR YOUR VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS. YOUR SOLE REMEDY FOR DISSATISFACTION OR PROBLEMS WITH THE SERVICES OR ANY OF ITS CONTENT IS TO STOP USING THE SERVICES.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, NMF SCIENCE LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THE SERVICES OR ANY INFORMATION PUBLISHED ON THE SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, WILL NMF SCIENCE LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, ARISING UNDER ANY THEORY OF LAW, STATUTE, REGULATION, OR RULE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, ACCESS, REVENUE OR PROFITS, OR PERSONAL INJURY/WRONGFUL DEATH. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF NMF SCIENCE LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NMF SCIENCE LLC. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NMF SCIENCE LLC AND ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE GREATER OF: (I) $100, OR (II) AMOUNT OF FEES PAID BY YOU TO NMF SCIENCE LLC IN THE PRECEDING TWELVE (12) MONTHS.
Arbitration
Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Lewes, Delaware. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding.
Governing Law and Statute of Limitations
Any claims relating to, and the use of, the Services are governed by the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.
For enforcement of any arbitration award, or in the event arbitration is not permitted or required, then for any claim or action that may be submitted to any court, by using the Services, you consent to personal jurisdiction in the federal and state courts of Delaware, which will have exclusive jurisdiction for any action arising out of or relating to the Services or your use of the Services. Such claims or actions shall be instituted exclusively in the federal or state courts located in the City of Lewes, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Before seeking any legal remedy for any harm you believe you have suffered arising from or related to your use of the Services, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
No Class Actions
You agree to bring any claim or cause of action arising under or related to these Terms of Use, the Services, or any dispute with NMF Science LLC in your individual capacity, and not as a member or representative of any class or collective action.
General
You may not assign any rights or obligations under these Terms of Use without NMF Science LLC’s prior written consent. NMF Science LLC may assign part or all of these Terms of Use. All sections of these Terms of Use which by their nature are designed to survive expiration or termination of these Terms of Use will survive. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and NMF Science LLC, superseding any other agreement between you and NMF Science LLC with respect to such subject matter. If any provisions of these Terms of Use are found to be unenforceable, such provision shall be deemed modified to the minimal extent necessary to render it enforceable and if that is not possible such provision shall be deemed severed, and the other provisions will still remain in full force and effect.
Contact Information & Notices
We may deliver notices to you by electronic mail, social media account or similar platform, a general notice on the Services, or by written communication delivered by First Class U.S. Mail to your address on record with us.
The Services are operated by NMF Science LLC, 1916 Main St Suite #138018, Niagara Falls, NY 14305, United States.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: legal[at]nmfscience.com.
Copyright Policy
NMF Science LLC takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is: NMF Science LLC – Patrick Wagner, 1916 Main St Suite #138018, Niagara Falls, NY 14305, United States. patrick[at]nmfscience.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
If you believe that material you posted on the Services was removed, or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An 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.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Service may be found) and that you will accept service from the person (or an agent of that person) who provided the Service with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.