Oliver Thomas (a division of the Black Diamond Group, Inc.) (“Oliver Thomas”, “we”, “us”, or “our”) offers this website, located at www.theoliverthomas.com (the “Website”), including all information, functionality, and Services available from the Website, to you, the user (“you”, “your” or “user”), conditioned upon your acceptance of the terms and conditions, including any terms and conditions, notices, and policies referenced herein (collectively, the “Terms of Service” or “Terms”). By visiting our Website or purchasing products from us, you engage in our “Services” and agree to be bound by these Terms of Service. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. If you do not agree to all the Terms, then you may not access the Website or use any Services.
You can review the most current version of the Terms of Service at any time on this webpage. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website more than 30 days following the posting of any changes constitutes your acceptance of those changes.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH OLIVER THOMAS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A JURY TRIAL. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
SECTION 1 - DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER.
BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST OLIVER THOMAS ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION AGAINST OLIVER THOMAS, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION BROUGHT AGAINST OLIVER THOMAS BY SOMEONE ELSE.
Most disputes that arise out of the use of the Website or Services can be resolved quickly, informally, and with mutual satisfaction by reaching out to us at firstname.lastname@example.org
If any dispute remains unresolved after that process, however, you and Oliver Thomas agree to have all disputes resolved by arbitration, which shall be final and binding on both parties, except disputes (i) that may be brought in an individual action in small claims court, or (ii) that relate to the ownership or enforcement of intellectual property rights. In addition, you and Oliver Thomas each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Agreement shall continue to apply.
“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and Oliver Thomas concerning the Website, Services, or Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Oliver Thomas empower the Arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of the Terms are void or voidable.
CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THE TERMS, YOU AND OLIVER THOMAS EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND OLIVER THOMAS AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR ANY OTHER PERSONS. As such, you and Oliver Thomas acknowledge and agree that each waives any right to participation as a plaintiff or a class member in a class action litigation or arbitration, or in any other collective or consolidated action, with respect to these Terms. Neither you nor Oliver Thomas may be a representative of any other potential claimants or class of potential claimants in any such dispute, nor may two or more users’ disputes be consolidated or otherwise determined in one proceeding. This will also preclude you and Oliver Thomas from participating in or recovering relief under any current or future class, joint, collective, representative, or consolidated action brought by someone else.
- Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (for consumers) or the AAA’s Commercial Arbitration Rules and Mediation Procedures (for non-consumers) (“AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Massachusetts.
- Initiating Arbitration. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules and a form Commercial Arbitration Rules – Demand for Arbitration at adr.orgor by calling the AAA at 1-800-778-7879.) The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the Commonwealth of Massachusetts and will be selected by the parties from the AAA's roster of dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
- Location and Procedures. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Oliver Thomas submit to the Arbitrator, unless you request a hearing, and the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, arbitration may be conducted in person, through the submission of documents, by phone, or online, and your right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Suffolk County, Massachusetts or in another jurisdiction to which you and Oliver Thomas agree in writing; provided, however, that if circumstances prevent you from traveling to Suffolk County, Massachusetts, the AAA may hold an in-person hearing in the state where you reside. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator’s Decision. The Arbitrator will render a written award within the time frame specified in the AAA Rules and shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator may award declaratory or injunctive relief, but only in favor of the individual claimant, but only to the extent necessary to provide relief warranted by the claimant's individual claim. The Arbitrator shall not have authority to entertain any claim on behalf of a person who is not a named party, nor shall the Arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
You and Oliver Thomas agree to submit to the exclusive jurisdiction of the federal or state courts located in Suffolk County, Massachusetts 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.
- Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Oliver Thomas will reimburse those fees for claims totaling less than $10,000 unless the Arbitrator determines the claims are frivolous or brought for an improper purpose (based on the standards set forth in Federal Rule of Civil Procedure 11(b)). Likewise, Oliver Thomas will not seek attorneys' fees and costs in arbitration unless the Arbitrator determines the claims are frivolous or brought for an improper purpose (based on the standards set forth in Federal Rule of Civil Procedure 11(b)). The right to recover attorneys' fees and expenses set forth in the Terms supplements any right to attorneys' fees and expenses you may have under applicable law. You may not, however, recover duplicative awards of attorneys' fees or costs.
- Severability. If any part of this Arbitration Agreement, other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void.
- Disputes Between Users. You are solely responsible for your interactions with other users. Oliver Thomas reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.
SECTION 2 - OWNERSHIP
All rights, title, and interest in the Website and all text, displays, images, graphics, trademarks, logos, designs, names, representations, likenesses, audio, video, information, data, content, and other material displayed on, or downloadable from, the Website (collectively, “Protected Material”) are and will remain the property of Oliver Thomas or its licensors. Except for the limited right to access and use the Website granted below, neither these Terms nor your use of the Website or Services convey or grant to you any rights in or related to the Protected Material.
We reserve the right to withdraw or amend our Website, and any functionality, Service, or material we provide, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
We also reserve the right to refuse to provide our products or Services to anyone for any reason at any time.
SECTION 3 - LIMITED RIGHT TO ACCESS AND USE THE WEBSITE
Subject to your acceptance of and continued compliance with the Terms, we grant you a limited, non-transferable, non-exclusive right to access and use the Website. You may not copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Website or any component of it, except as expressly authorized by us. Except as otherwise required by applicable law, any use, reproduction, distribution, modification, retransmission, or publication of any Protected Material (as defined below) is strictly prohibited without the express written consent of the owner of the Protected Material. All rights not expressly granted herein are reserved by Oliver Thomas.
SECTION 4- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
Furthermore, this Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 5 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. OLIVER THOMAS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OLIVER THOMAS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE WEBSITE WILL BE OF A CERTAIN QUALITY OR SUITABILITY, OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OLIVER THOMAS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE WEBSITE, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OLIVER THOMAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND OLIVER THOMAS’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH OLIVER THOMAS IS TO STOP USING THE WEBSITE.
TO THE EXTENT THAT OLIVER THOMAS MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF OLIVER THOMAS’S LIABILITY WILL BE THE MINIMUM REQUIRED UNDER SUCH APPLICABLE LAW.
SECTION 6 - INDEMNIFICATION
Unless prohibited by applicable law, you agree to indemnify and hold harmless each of Oliver Thomas, its affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to your use of this Website, the violation of these Terms by you, or the infringement by you, or any other user using your account, of any Protected Material. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.
SECTION 7 - PURCHASING PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to (a) limit or refuse the sale of our products or services to any person, geographic region, or jurisdiction; and (b) limit the quantities of any products or services that we offer. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to modify or discontinue any product or service at any time, without notice.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate. If a product purchased on the Website does not conform to the product description, your sole and exclusive remedy is to return the unused product in accordance with our Return Policy. All descriptions of products are subject to change at any time without notice, at our sole discretion.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
The price for any item purchased from the Website is not confirmed until your order is accepted by Oliver Thomas. Although we strive to make our Website pricing as accurate and up to date as possible, the price you receive at order acceptance may differ from the price displayed for the product on the Website.
Any offer for any product or service made on this Website is void where prohibited.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate billing and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools or functionalities over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools or functionalities “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or functionalities. Any use by you of optional tools or functionalities offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools or functionalities are provided by the relevant third-party provider(s).
SECTION 10 - THIRD-PARTY LINKS
We may provide links on this Website that direct you to unaffiliated third-party websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to any purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's terms, policies, and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.
SECTION 11 - USER-GENERATED CONTENT
In the event you provide to Oliver Thomas any contest submissions, creative ideas, reviews, feedback or suggestions, proposals, plans, or other materials, whether online, by email, or by postal mail, and to the extent your use of the Website generates any content (collectively, “User-Generated Content” or “UGC”), and such UGC gives rise to any copyright or other intellectual property interest, you hereby grant Oliver Thomas an exclusive, perpetual, irrevocable, fully transferable and sub-licensable, worldwide right and license to use your UGC in any way and for any purpose in connection with the Website, Services, and related products and services, and to distribute your UGC without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Oliver Thomas’s and other users’ use and enjoyment of such assets in connection with the Website and related goods and services under applicable law. The foregoing license grant to Oliver Thomas, and the above waiver of any applicable moral rights, survives any termination of this license.
We may, but have no obligation to, monitor, edit or remove content from the Website that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - ACCEPTABLE USE
Our goal is to create a respectful, positive, and safe environment for our Website users. In order to promote this goal, we prohibit certain kinds of conduct with respect to the Website and Services. We reserve the right to determine whether a user’s conduct violates these Terms, and to take action as we deem appropriate, which may include suspending access to the Website.
Without limiting the foregoing, you agree that you will: not use the Website in any way that violates these Terms or any applicable federal, state, local or international law or regulation; not use or attempt to use or impact or attempt to impact the Website in any manner that could damage, disable, overburden, interfere with the proper working of, or impair the Website (or any websites or systems connected to or supporting the Website) or interfere with any other person’s use or enjoyment of the Website; not use any automated or manual process, device, or technique to monitor or copy any Protected Material; not use the Website to transmit or otherwise facilitate any false, inaccurate, misleading, libelous, defamatory, obscene, threatening, invasive, junk, spamming, abusive, illegal, or otherwise objectionable communications; not use the Website to engage in any impersonation of any person; not use the Website in any manner that violates, infringes, or misappropriates any party’s intellectual property, privacy, publicity, or other legal rights; and not otherwise use the Website to disseminate any content or communications, or engage in any actions, that subject or potentially subject us or any other person to any harm.
SECTION 13 - PRIVACY
SECTION 14 - GEOGRAPHIC RESTRICTIONS
Oliver Thomas is headquartered in the United States. We make no claims that the Website, or any of its content, or our Services, are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
SECTION 15 - E-GIFT CARDS
Please visit our E-Gift Card FAQs , E-Gift Cards page for Terms & Conditions of this offering.
SECTION 16 - MISCELLANEOUS
You and Oliver Thomas agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding and as to such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of applicable law.
- Choice of Law; Venue
You and Oliver Thomas agree that these Terms and any dispute of any nature that might arise between you and Oliver Thomas will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict or choice of laws principles. You and Oliver Thomas agree that any action at law or in equity that is not subject to the arbitration clause in Section 1 above shall be filed, and that venue properly lies, only in the state or federal courts located in Suffolk County, Massachusetts, United States of America, and you and Oliver Thomas expressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action.
We may assign our rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign any of the rights or obligations you have under these Terms without our prior written approval. Any such assignment without our prior written approval is ineffective and in violation of these Terms.
- Entire Agreement
These Terms, including any additional policies referenced in the Terms, are the entire agreement between you and Oliver Thomas. They supersede all prior and/or contemporaneous understandings, regardless of the medium (oral, written, or electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.
- No Waiver
Our failure to enforce any right or provision in these Terms will not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing.
- Notices to Oliver Thomas
All notices given by you or required from you under these Terms must be in writing and addressed to us at the postal address set forth in the Contact Information section, below. Any notices that you provide without compliance with this subsection will have no legal effect.
- Contact Information
If you have questions, complaints, or claims with respect to the Terms, please direct such communications to Oliver Thomas as follows:
Mail: Oliver Thomas
300 Trade Center Dr. Suite 5550
Woburn, MA 01801
SECTION - CLAIMS OF COPYRIGHT INFRINGEMENT AND THE DMCA.
We respect the intellectual property of others and ask that users of the Website do the same. We may remove infringing materials and may terminate the license to use the Website for users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is unlawfully infringing the copyright(s) in a work via the Website, and wish to have the allegedly infringing material removed, please provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
Oliver Thomas’s designated Copyright Agent is:
Attn: Oliver Thomas Copyright Agent
300 Trade Center Dr. Suite 5550
Woburn, MA 01801