Assisted living | Most Trusted Home Health Care in San Francisco

Digital Millennium Copyright Act & Intellectual Property Poicy

Last Updated: April 20th, 2018

BECAUSE OF THE CHANGES IN THE LAWS OR AT THE CONVENIENCE OF EL ROBLE HOME CARE, LLC, THIS POLICY IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME WITHOUT ADVANCE NOTICE.  IT IS THE RESPONSIBILITY OF THE REAL PARTY IN INTEREST TO FREQUENTLY REVISIT THIS POLICY IN ORDER TO ENSURE VIEWING THE CORRECT, CURRENT VERSION OF POLICY. 

 

Digital Millennium Copyright Act & Intellectual Property Policy

This policy is built to comply with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.  Please read this entire document before submitting a notice for any material published by El Roble Home Care  ("El Roble", "We/we", "Our/our") that, based on the claimer's best knowledge, infringes the claimer's copyright or trademark rights. 

 

The Real Party in Interest can submit his/her notice to:   

El Roble home Care, LLC.  

info@elroblehomecare.com 

There are several key elements discussed in this policy:

  • Framework of the DMCA​

  • Requirements for submitting a copyright/trademark infringement notice

  • The method of submitting a copyright/trademark infringement notice 

Framework of the DMCA

The host is required to remove or disable access to any potentially infringing content by the Digital Millennium Copyright Act ("DMCA") laws upon on receiving a notice that meets certain criteria.  El Roble Home Care, LLC complies with the notices alleging copyright infringement pursuant to the DMCA.  

Requirements for submitting a copyright/trademark infringement notice

Section 512 of the DMCA enlists the criteria for reporting a copyright violation and submitting counter-notification by an affected party.  El Roble Home Care LLC adopts similar framework to the allegations of trademark infringement.  It will send a copy of each notice to the alleged infringer, if applicable.    

You will have to provide us all of the following information, if you want to submit El Roble Home Care, LLC., a notice alleging copyright or trademark infringement: 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  The full name should be typed in the reporting form.  

  2. Describe the location of the materials that you claim have been infringed, in sufficient details.  A good example will be, "We believe what is infringed is the photo on http:///www.productco.com".  The infringed copyright/trademark work must be specifically described.  For copyright, please identify and describe the infringed work, including, but not limited to, its location, content, and details.  For trademark rights, please provide the national or community trademark registration and any applicable registration number, the country or jurisdiction, and the description of goods and/or services.    

  3. Identification of the materials that is claimed to be infringing, including, but not limited to, the URL(s), the usage, and the profile of El Roble's application, services, and business transaction.  

  4. The contact information of the complaining party, including the name, title, company, address, telephone number, and electronic mail address.  

  5. A statement that you have a good faith belief that the materials that is claimed to be infringing is not authorized by the copyright or trademark owner, its agent, or the laws.

  6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right.

Submitting a copyright/trademark infringement notice 

Please send a notice of infringement to info@elroblehomecare.com if you believe there is a third-party material posted on, hosted by, or is accessed through El Roble's applications, websites, and services infringes your copyright or trademark rights.  By sending us the infringement notice, you agree and consent that El Roble, or its designated agent, may forward the information to the person responsible for the allegedly infringing materials.  

 

DMCA requires any personnel to consider copyright defenses, limitations, or exceptions before sending a notice.  For example, the personnel who wishes to send any infringement notice should consider the fair use of doctrine.  It is recommended to consult an attorney if you are not sure whether your copyright has been infringed or the fair use doctrine applies.  Under 17 U.S.C. (s) 512(f) of the DMCA, you may be liable for any damages, such as attorney's fees incurred by us or our affiliations, if you meticulously and purposely misrepresent and misinterpret that infringement is happening or being presented.  

If you prefer to communicate with us by writing to us, please send and provide all the information listed above to this address:

El Roble Home Care, LLC.

1515 Aurora DRIVE, Unit 101M

San Leandro, CA 94577

Submitting a counter-notice to challenge a copyright/trademark infringement notice 

Complying the U.S. Copyright and Trademark laws, we remove and disable materials presented in our business operations (e.g. websites, applications, or services) that potentially infringe​s other people's copyrights and trademarks.  You can send a counter-notice to challenge El Roble's decision of removing your materials, if you believe your material is not infringing or you have been authorized to use the materials with the agreement and consent of the copyright or trademark owner, the owner's agent, or pursuant to law.

You will have to provide us all of the following information, if you want to submit El Roble Home Care, LLC., a counter-notice to challenge our decision of removing your material that is believed to be infringing:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the materials that El Roble or its affiliates believed to be infringing.  The full name should be typed in the reporting form.    

  2. Identification of the materials that El Roble or its affiliates believed to be infringing, including, but not limited to, the URL(s), the usage, and the profile of El Roble's application, services, and business transaction. 

  3. A statement, under penalty of perjury, that you have a good faith belief that the materials that is claimed to be infringing is not infringing and the removal or disablement of the material was a mistake or misidentification.

  4. The contact information of the complaining party, including the name, title, company, address, telephone number, and electronic mail address.  

  5. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is the owner of the material that was believed to be infringing or is authorized to act on behalf of the owner of the material.

  6. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept services of process from the person who provided the statement that the removal or disablement of your material was a mistake or misidentification.  If your address is outside of the United States, you will consent to any judicial district where El Roble may be founded.    

El Roble will forward your counter-notice to the party who submitted to claim your material as to be infringing.  El Roble may reinstate the removed or disabled material if the copyright or trademark owner does not seek a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving your counter-notice forwarded by El Roble Home Care.  ​

Right of publicity and personal likeness infringement policy

Please contact El Roble and the user directly about your concerns, if you believe your name, voice, signature, image, or likeness is used, hosted by, posted on, or accessible through El Roble's applications, websites, or services without your consent and or in violation of a legally recognized right of publicity.  Please do the same if the same situation applied to your minor child.  

Enforcement of El Roble Home Care's ​Digital Millennium Copyright Act & Intellectual Property Policy

El Roble uses its Digital Millennium Copyright Act & Intellectual Property Policy to suspend, provoke, or terminate the activities of repeat infringers.  

El Roble Home Care's Trademarks, Logos, and Brands restrictions on use

El Roble is grateful for all of the interest and excitement for its mission, products, and services.  Nevertheless, we must be mindful of our brand identify, reputation, and goodwill developed by our trademarks, logos, product and services designs, trade dresses, user interfaces, and other assets.  In other words:

  • All of these assets must be used only with our permission. 

  • Only El Roble, its affiliated companies, and its authorized licensees may use El Roble's Logo in advertising, promotional, and sales materials.

  • Licensees can not use El Roble's assets that are not specified in their agreement with El Roble and are not pursuant to applicable guidelines. 

Please contact us at info@elroblehomecare.com if you have any questions, or have observed our Trademarks and Logos being misused.  Here is the non-exhaustive list of El Roble's and its affiliated companies' trademarks:

  • El Roble Home Care HOME CARE Plan

  • El Roble Home Care BEDSIDE ASSISTANCE Plan  

 

Third-party and El Roble's affiliates' trademarks

All other trademarks and brands used in El Roble's websites, services, and applications are the proprietary properties of their respective owners. 

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