TERMS OF SERVICE

EFFECTIVE DATE:  October 3rd, 2022

PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY AS THEY SET FORTH MANDATORY CONDITIONS TO YOUR USE OF OUR PLATFORM AND INFORMATION ON YOUR LEGAL RIGHTS.  CLOSELY NOTE OUR DISPUTE PROCESS, AGREEMENT FOR ARBITRATION RATHER THAN COURT, CLASS ACTION WAIVER, AND LIMITATIONS OF LIABILITY.  IF YOU DO NOT UNDERSTAND ANY PART OF THESE TERMS OF SERVICE, PLEASE CONTACT US TO ENSURE UNDERSTANDING BEFORE USING OUR PLATFORM.  IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE THE SURANCELY PLATFORM.

  1. GENERAL TERMS OF SERVICE

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before accessing or using the Surancely Platform (as defined below), as they constitute a legal binding Agreement (“Agreement”), between you and Surancely.  When these Terms mention “Surancely”, “we”, “us”, or “our”, it refers to the company Surancely you are contracting with, including, without limitation, the Surancely website (surancely.com), any subdomains thereof, and any other websites through which Surancely makes its Services available (collectively, “Website”, “Site”), and all associated services (collectively, “Services”).  Access to and use of our Platform is conditioned on acceptance of and compliance with these Terms.  These Terms apply to all visitors, users, Clients, and others (collectively, “you”, “your”) who access or use the Platform.  If you do not agree to be bound by these Terms, please do not access or use our Platform.

A) OVERVIEW OF SERVICES

Surancely provides a platform (“Platform”), defined collectively as our company’s Site, Services, and other associated Platform Content (as defined below), that offers applicants (“Clients”), including but not limited to healthcare learners, students, and established medical professionals, with malpractice, professional liability and other insurance products and policies (“Insurance”) from one of our affiliated insurance companies (“Insurer”). When Clients apply for and purchase Insurance through our Platform, they are entering into a contract with the Insurer alone, and not with Surancely.  Surancely acts as a third-party agency and is not an actual insurance company.

B) CHANGES TO TERMS

Surancely reserves the right to modify, add to, or remove these Terms of Service at any time, and you agree (including by virtue of your continued use of our services) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance our Platform shall be subject to these Terms of Service.  If at any time you disagree with our revised Terms, you may terminate this Agreement immediately.  It is the sole responsibility of all visitors, users, and others who access or use the Platform to be knowledgeable of the current Terms of Service.  Please check these Terms periodically for any modifications.

C) ELIGIBILITY

You must be at least 18 years old in order to use our Platform.  By accessing or using Surancely’s Platform you are acknowledging that you are 18 years old or older and have the capacity and authority to enter into a legal binding contract.

D) PRIVACY

Your privacy is something Surancely takes very seriously.  Please read our Privacy Policy, which provides further details on the personal and other information we collect from you and how we use and disclose that information.

E) CONTENT

Surancely, as the owner and provider of the Platform, is responsible for much of the content published on the Platform (“Platform Content”).  The content we create and are responsible for (“Our Content“) includes details on how our Service works, what our policies state, and information contained within our blog.  On the contrary, Surancely is not involved in creating, developing, or managing, and similarly not responsible nor held liable for any content created, developed, posted, or published by outside parties (collectively, “Other Content”).  Our Platform also contains pass-through and other content from certain third-parties (“Third Party Content”) that may be subject to additional terms of services and privacy policies.

There may be circumstances when a Client is delegated to act on behalf of another party (“Delegate Client”).  When a Delegate Client creates, develops, or manages the content of another Client, individual, group, or organization, the Delegate Client acknowledges that (i) they are legally authorized to act on behalf of such other Client, individual, group, or organization; (ii) all content supplied by the Delegate Client on our Platform is true, accurate, current, complete, and approved by the Client, individual, group, or organization they represent; (iii) the represented Client, individual, group, or organization knows, understands and agrees to our Terms of Service and Privacy Policy.  Delegate Clients who create, develop, or manage content on behalf of another Client, individual, group, or organization are solely responsible and liable for their content, actions, use of the Platform, and any damages that may occur as a direct or indirect consequence to acting as, or alleging to be, such a delegate.

Please note that Surancely does not guarantee the validity, quality, safety, appropriateness, suitability, legality, existence, truth, or accuracy of any Client Content or Third Party Content.  Clients alone are entirely responsible for knowing, understanding, and following all current rules, regulations, and laws that apply to Client Content, the publication and use of their Client Content, as well as the posting of their Client Content on our Platform.  Similarly, Third Parties alone are entirely responsible for knowing, understanding, and following all current rules, regulations, and laws that apply to Third Party Content.  Clients alone are entirely responsible for their Client Content and Third Parties alone are entirely responsible for their Third Party Content.

F) PAYMENT

By using our Platform, you authorize Surancely to collect from you amounts due pursuant these Terms, including any amount related to (i) Insurance policies and products, (ii) Service Fees or Transaction Fees, (iii) Taxes when applicable, (v) any other action that you perform on our Platform requiring payment to Surancely.

By using our Platform, you authorize Surancely to act as a limited collection agent for Insurers, solely for the purpose of accepting payment from Clients purchasing Insurance.

Payment processing services for Clients on Surancely are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”).  By agreeing to these Terms of Service or continuing to operate as a Client on Surancely, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Surancely enabling payment processing services through Stripe, you agree to provide Surancely accurate and complete information about you and your business, and you authorize Surancely to share it and transaction information related to your use of the payment processing services provided by Stripe.

If you and Surancely agree to invoicing as the specified payment method, then you agree to remit the any payment due plus any applicable Service Fees and Taxes to us within fourteen (14) days from the time we send you the invoice.  After Surancely receives a payment, you authorize and agree that we will retain all such funds until a Payout (as defined below), or, when applicable, a Refund (as defined below) occurs.  “Payouts” are payments from Surancely, sent on behalf of Clients, to Insurers in exchange for Insurance.  Unless stated otherwise in these Terms, Payouts are equivalent to the cost of Insurance less any applicable Transaction Fees.

As a limited collection agent for Insurer, Surancely is not responsible nor held liable for any actual or perceived actions, inactions, misrepresentations, or failures of Insurers as it pertains to their Insurance.  Clients who purchase Insurance on our Platform are solely responsible for the outcome, quality, and satisfaction of their purchase.

G) FEES

Surancely may charge Clients a “Service Fee” and Hosts a “Transaction Fee” in exchange for using our Platform.  By using our Platform, you acknowledge and agree to pay any applicable Service Fees or Transaction Fees.  Surancely reserves the right to change the Service Fees and Transaction Fees at any tim

H) REFUNDS

By using our Platform, you agree that all Insurance purchases are considered final and there are no refunds allowed.

I) CHARGEBACKS & PENALTIES

By using our Platform, you acknowledge and agree to our policy on “Chargebacks”, which are reversals of transaction payments, considered fraudulent or in dispute by credit card or account holders, initiated by the issuing bank.  Although we recognize Chargebacks can occur for legitimate reasons, if Surancely determines, in its sole discretion, that an unmerited Chargeback has occurred with respect to the purchase of Insurance or any other payment made through the Platform, then we may take steps to recover any charges or fees resulting from such an unmerited Chargeback.  Further, if we determine a Chargeback is unmerited, Surancely reserves full rights to recover involved monies by any appropriate means available, including via a third-party debt collection agency or other legal means for recovering funds charged back to you.

In order for us to operate our Platform effectively, we need to ensure timely processing of payments.  If you fail to remit an invoice payment to Surancely within fourteen (14) days of us sending you the invoice, as specified in the Payment section of these Terms, then you acknowledge and agree to pay a five (5) percent late fee for every seven (7) days that pass until we receive the full payment amount as stated on the invoice.

J) TAXES

Anyone using our Platform to purchase or sell goods or services is fully responsible for the Taxes (“Taxes”) they are required to collect, report and remit.  Specifically, Insurers are solely responsible for collecting, reporting, and remitting any Taxes associated with Insurance and any Payout from Surancely.  Insurers are also solely responsible for knowing and understanding all current tax regulations and laws as they pertain to the Insurance.  By using our Platform, you agree and accept that certain tax authorities may require Surancely to collect tax information about you and at times withhold certain Taxes from any purchase or Payout.

K) DISPUTES & ARBITRATION

Surancely is committed to consumer satisfaction.  However, there may be times when you dispute with, or make a claim against, a Client or Surancely for any reason (collectively, “Disputes”).  Please read this section of our Terms carefully as it affects your rights and provides detailed information about the processing of Disputes.

(i)  Arbitration Agreement (“Arbitration Agreement”)

You and Surancely agree that any and all Disputes (including, without limitation, any Dispute that arises out of or relates to our Terms or the interpretation, violation, invalidity, non-performance, or termination thereof, or to the use of our Platform, or Insurance provided by an Insurer) will be resolved by binding arbitration, under the rules of arbitration of The American Arbitration Association (“AAA”), rather than in court.  This Arbitration Agreement also applies to any Dispute that this Arbitration Agreement can be enforced or applies to the Dispute.

(ii)  Surancely Disputes

If for any reason a dispute arises between you and Surancely, you agree to attempt an informal resolution first by contacting us through Email.  During our informal resolution process, we will communicate with you via email and/or telephone, and attempt to reach a timely settlement.  If, after reasonable attempts are made and a minimum of sixty (60) days have passed, one of us feels the Dispute has not and cannot be resolved, then the Dispute may be considered for arbitration.

(iii)  Initiation of Arbitration

Prior to initiating arbitration, you must send a letter requesting arbitration and describing your Dispute to “Arbitration Manager” at Surancely, 217 East 70th Street Unit 2343, New York, NY 10021, and when applicable, the involved Client.  You are required to file a claim with AAA and complete a Demand for Arbitration Form prior to initiation of arbitration (Form).

(iv)  Arbitration Rules

You acknowledge and agree to abide by all rules of The American Arbitration Association (AAA Website), except as otherwise stated in our Terms.  In the event that AAA is not available or willing to arbitrate the Dispute, you agree that Surancely has the right to choose, at its sole discretion, another alternative dispute resolution provider.

(v)  Waivers

You and Surancely acknowledge and agree that any and all proceedings to resolve Disputes will be conducted only on an individual basis and not in any class action lawsuit, class-wide arbitration, or any consolidated or representative action. If for any reason a Dispute proceeds in court rather than in arbitration, you and Surancely each agree to waive any right to a trial by jury.

(vi)  Choice of Law

No matter where you are located, these Terms will be governed by the laws of the State of Delaware, USA, without giving effect to its choice-of-law provisions.  If for any reasons a Dispute proceeds in court rather than in arbitration, you and Surancely each agree that the Dispute will be brought exclusively to the courts of the State of Delaware, USA.

(vii)  Severability

If, through arbitration or court, any portion of our Arbitration Agreement is determined to be unenforceable, then such portion shall be severed from the agreement and the remainder of the Arbitration Agreement shall be fully enforced.

L) PERMISSIONS

The Surancely Platform may contain links to third-party sites or services. Surancely is not responsible for the availability of external sites or services linked to our Platform, and does not endorse and is not responsible nor held liable for any content, advertising, products, or other materials on or available from such sites or services. Transactions that occur between you and any external site or service are strictly between you and the external site or service and are not the responsibility of Surancely.  Because we are not responsible for the availability or accuracy of these external sites, services, or their content, you should review the terms of service, privacy policy, non-discrimination policy, and any other relevant policy, when applicable, of these linked sites and services, as their policies may differ from ours.

Surancely welcomes links to our Platform.  You may establish a hypertext link to our Platform, provided that the link does not state or imply any sponsorship or endorsement of your site by Surancely.  We grant a nonexclusive, limited permission (“Permission”) to display the Trademarks contained in Surancely’s domain names, brand names, and logos to the owner(s) of any websites (“Owner”) that would like to develop a link between their site and the corresponding website owned by Surancely.  Links to a Surancely Site other than the one using the Surancely domain names, brand names, or logos are not permitted. The content or materials on the Owner’s site shall not imply any association with or relation to Surancely, or imply in any way that any content or material from our Surancely Platform are maintained within the Owner’s website.

No changes or modifications to the Surancely domain names, brand names, or logos may be made. Use of the Surancely domain names, brand names, or logos for purposes other than linking to the Surancely Platform is expressly forbidden. The domain names, brand names, and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory, or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation, and goodwill of Surancely and its Platform. We retain and reserve all rights in and to Surancely’s trade names, trademarks, copyrights, and all other intellectual property with respect to its domain names, brand names, and logos. Surancely reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names, or logos must cease and the link between the website and our Platform must terminate. Use of Surancely trademarks, trade names, logos, copyrighted material, or any other intellectual property of Surancely for any purpose not stated herein is expressly forbidden.

M) LEGALLY-COMPELLED DISCLOSURE OF USER INFORMATION

You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP address, or other information in response thereto.

N) SYSTEMS RELIABILITY

Surancely aims to keep the Platform available twenty-four (24) hours a day, seven (7) days a week, and to maintain saved information. However, Surancely shall not be liable for lost, altered, or corrupted information or non-availability of the Platform.

O) PROHIBITED ACTIVITIES

You are prohibited from doing any act that Surancely, in its absolute discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to the Surancely Platform including, but not limited to all of the following:

(i)   Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals.

(ii)  Using our Platform to defame or libel Surancely, its employees, or other individuals or acting in such a way that brings into disrepute the good name of Surancely.

(iii)  Uploading files that contain viruses that may cause damage to the property of Surancely or the property of other individuals.

(iv)  Posting or transmitting to our Platform any unauthorized material including, but not limited to, material that is in our opinion likely to cause annoyance, detrimental to or in violation of Surancely’s or any third party’s systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane, or is otherwise unlawful.

P) DISCLAIMER OF WARRANTIES AND LIABILITY

Neither Surancely nor its suppliers or licensors make any warranty whatsoever, including without limitation (i) that the operation of the Platform will be uninterrupted or error-free, (ii) that any defects will be corrected, (iii) that the Platform, including the servers that make it available, is free of viruses or other harmful components, (iv) as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of the Platform.

THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL ITS CONTENT, SERVICES, AND PRODUCTS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH SURANCELY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL SURANCELY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PLATFORM OR ITS CONTENT, PRODUCTS, OR SERVICES, OR SHALL THE LIABILITY OF SURANCELY OR ITS SUPPLIERS, INSURERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Surancely does not claim ownership, endorse, or take responsibility for any third-party services, products, information, or content that may be offered, advertised, provided, or displayed on the Platform or incorporated in the content, products or services contained on, accessible from, or distributed throughout the Platform.

Q)  NOTICE TO CLIENT

NO FACT, CIRCUMSTANCE OR SITUATION INDICATING THE PROBABILITY OF A CLAIM OR ACTION FOR WHICH COVERAGE MAY BE AFFORDED BY THE PROPOSED INSURANCE IS NOW KNOWN BY THE CLIENT PROPOSED FOR THE INSURANCE OTHER THAN THAT WHICH IS DISCLOSED IN THE FORMS ON THE SURANCELY PLATFORM. IT IS AGREED THAT IF THERE BE KNOWLEDGE OF ANY SUCH FACT, CIRCUMSTANCE OR SITUATION, ANY CLAIM SUBSEQUENTLY EMANATING THEREFROM SHALL BE EXCLUDED FROM COVERAGE UNDER THE PROPOSED INSURANCE. FOR THE PURPOSE OF THE INSURANCE APPLICATION, THE CLIENT DECLARES THAT TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AFTER REASONABLE INQUIRY, THE STATEMENTS MADE ON ANY FORMS ON THE SURANCELY PLATFORM ARE TRUE AND COMPLETE.

SURANCELY AND THE INSURER ARE AUTHORIZED TO MAKE ANY INQUIRY IN CONNECTION WITH THE INSURANCE APPLICATION AND ANY FORM ON THE SURANCELY PLATFORM. SIGNING THE INSURANCE APPLICATION OR ANY FORM ON THE SURANCELY PLATFORM DOES NOT BIND SURANCELY OR THE INSURER TO PROVIDE OR THE APPLICANT TO PURCHASE THE INSURANCE. THE INSURANCE APPLICATION, INFORMATION SUBMITTED WITH THE APPLICATION AND ALL PREVIOUS APPLICATIONS AND MATERIAL CHANGES THERETO OF WHICH SURANCELY AND THE INSURER RECEIVES NOTICE IS ON FILE WITH SURANCELY AND THE INSURER, AND IS CONSIDERED ATTACHED TO AND PART OF THE POLICY IF ISSUED.

SURANCELY AND THE INSURER WILL RELY UPON THE INSURANCE APPLICATION AND ALL FORMS AND ATTACHMENTS IN ISSUING THE POLICY. IF THE INFORMATION IN THE INSURANCE APPLICATION AND ANY ATTACHMENT MATERIALLY CHANGES BETWEEN THE DATE THE APPLICATION IS ELECTRONICALLY SUBMITTED AND THE EFFECTIVE DATE OF THE POLICY, THE APPLICANT WILL PROMPTLY NOTIFY SURANCELY VIA EMAIL (LINK), WHO MAY MODIFY OR WITHDRAW ANY OUTSTANDING QUOTATION OR AGREEMENT TO BIND COVERAGE. THE UNDERSIGNED DECLARES THAT HE/SHE UNDERSTANDS THAT: (I) THE POLICY FOR WHICH THE INSURANCE APPLICATION IS MADE APPLIES ONLY TO “CLAIMS” FIRST MADE DURING THE “POLICY PERIOD,” UNLESS THE OPTIONAL EXTENSION PERIOD IS EXERCISED. IF THE OPTIONAL EXTENSION PERIOD IS EXERCISED, THE POLICY SHALL ALSO APPLY TO “CLAIMS” FIRST MADE DURING THE OPTIONAL EXTENSION PERIOD; (II) THE LIMITS OF LIABILITY CONTAINED IN THE POLICY SHALL BE REDUCED, AND MAY BE COMPLETELY EXHAUSTED BY “CLAIM EXPENSES” AND, IN SUCH EVENT, SURANCELY AND THE INSURER WILL NOT BE LIABLE FOR “CLAIM EXPENSES” OR THE AMOUNT OF ANY JUDGEMENT OR SETTLEMENT TO THE EXTENT THAT SUCH COSTS EXCEED THE LIMITS OF LIABILITY IN THE POLICY; AND (III) “CLAIM EXPENSES” SHALL BE APPLIED AGAINST THE DEDUCTIBLE.

R) EXPORT RESTRICTIONS

Software from the Platform may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software or property (including, but not limited to, code, images, or screenshots) from the Platform may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

S) MOBILE SERVICES

If Surancely permits or makes available to you the ability to (i) upload content to the Platform via your mobile telephone and/or tablet (collectively, “Mobile Device”), (ii) receive and reply to messages, or to access or make posts using text messaging, (iii) browse the Platform from your Mobile Device, or (iv) access features through a mobile application you have downloaded and installed on your Mobile Device (collectively, “Mobile Services”), your mobile carrier’s standard data, internet, messaging, and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all Mobile Devices, carriers, and services, and Surancely does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your Mobile Device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your Mobile Device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including, but not limited to, any roaming charges.

You may be given the option to register to receive commercial messages from Surancely via your Mobile Device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the website where you registered to receive such messages.

T) INDEMNIFICATION

You hereby agree to indemnify and hold Surancely, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers, and licensors harmless from and against any and all claims of liability, losses, damages, and costs, including, without limitation, reasonable accounting and legal fees, arising from or in connection with (i) any violation by you of these Terms of Service, (ii) your use of, improper use of, or inability to use the Platform or its content, Insurance, Products, or Services, (iii) your interaction with any Insurer or patient, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use . We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this clause. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

  1. COPYRIGHT INFRINGEMENT NOTIFICATION

Surancely is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Surancely will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent in the manner described below.

By Mail:

Surancely

ATTN: Legal Department, DMCA Copyright Notices

Email

For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:

(i)  A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

(ii)  Identification of the copyrighted work claimed to have been infringed.

(iii)  Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Surancely to locate the material.

(iv)  Information reasonably sufficient to permit Surancely to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address.

(v)  A statement that you 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 law.

(vi)  A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.

 

On behalf of Surancely, thank you!