Intellectual Property Policy

This Intellectual Property Policy was last updated on June 7, 2023.

Policy Statement

Waypoint America LLC dba Govology (“Our,” “We,” “Us,” “GOVOLOGY”) respects the intellectual property of others and takes the protection of copyrighted materials and all other intellectual property very seriously. Hence, we ask our instructors and users of our website (“GOVOLOGY.COM”), services, webinars, on-demand courses, coaching, cohorts, and other offerings on our website (collectively, “Services”) to do the same. Infringing activity will not be tolerated in using GOVOLOGY.COM or our Services.

The purpose of this policy is to:

Preserve the legal ownership rights of intellectual property that is contained within the content on GOVOLOGY.COM and in our Services;
Establish the rules, guidelines, and procedures regarding the protection and management of intellectual property assets on GOVOLOGY.COM and in Our Services and
Establish a process through which any assertion of unauthorized use of intellectual property shall be communicated to the concerned parties.

Definition

For the purpose of this policy, Intellectual Property refers to intangible creations of the human intellect that are afforded legal protection. It encompasses a wide range of creative and innovative works, including inventions, artistic and literary works, brand names, logos, designs, and trade secrets. Intellectual property rights grant exclusive ownership and control over these intangible assets, enabling individuals or organizations to commercially exploit, protect, and prevent unauthorized use or copying by others. This definition of intellectual property includes (but is not limited to) material that has been designated for legal protection within the following categories: copyrights, trademarks, patents, and trade secrets.

Scope

This policy shall apply to GOVOLOGY staff, content contributors, subscribers, and any other party who may assert a claim of intellectual property infringement based on content provided on GOVOLOGY.COM and in Our Services.

Policy Guidelines

1. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

GOVOLOGY’s intellectual property policy is to (a) remove material that We believe in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through GOVOLOGY.COM or Our Services and (b) remove any submitted content posted on GOVOLOGY.COM by “repeat infringers.” We consider a “repeat infringer” to be any User who has uploaded content to Our website and for whom We have received more than two takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such submitted content. GOVOLOGY has the discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon GOVOLOGY’s own determination.

2. Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through GOVOLOGY.COM has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” to Our Designated Agent identified below (“Designated Agent Contact Information”). Your communication must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
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 owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.

3. Counter Notification

If you receive a notification from GOVOLOGY that material made available by you on or through GOVOLOGY.COM has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Us with what is called a “Counter Notification.” Your Counter Notification must be in writing, sent to Our Designated Agent identified below (“Designated Agent Contact Information”), and include substantially the following information:

A physical or electronic signature of the User;
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 to it was disabled;
A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located and that the User will accept service of process from the person who provided notification above or an agent of such person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

4. False Notifications of Claimed Infringement or Counter Notifications

Section 512(f) of the Digital Millennium Copyright Act provides that:

“Any person who knowingly materially misrepresents under [17 U.S.C. § 512] that material or activity is infringing … shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer…who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing….” 17 U.S.C. § 512(f).

Hence, GOVOLOGY reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.

5. Procedure for Submitting a Trademark Infringement Notice

The fastest and easiest way to submit a claim of trademark infringement to Us is to send a notice containing the following information to Our Designated Agent identified below (“Designated Agent Contact Information”). Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Your communication must include substantially the following:

Your complete contact information (full name, mailing address, and phone number);
The specific word, symbol, etc., in which you claim trademark rights;
The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable;
The country or jurisdiction in which you claim trademark rights;
The category of goods and/or services for which you assert rights;
Information reasonably sufficient to permit us to locate the material on GOVOLOGY.COM that you believe violates your trademark rights. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content.
A description of how you believe this content infringes your trademark;
If you are not the rights holder, an explanation of your relationship to the rights holder;
The following statement: “I have a good faith belief that use of the trademark as described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law”;
The following statement: “The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed”;
Your electronic signature or physical signature.

Designated Agent Contact Information

GOVOLOGY’s Designated Agent for notices of claimed infringement, including trademark infringement notices, can be contacted:

Via e-mail: legal@govology.com
Via U.S. mail: Waypoint America, LLC DBA Govology, 35595 US Hwy 19 N #169, Palm Harbor, FL 34684

To avoid doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this document should be sent to the Designated Agent at legal@govology.com or to the postal address identified above. Any other comments, compliments, complaints, or suggestions about GOVOLOGY.COM and Our Services or any other matter should be sent to support@govology.com.

Authority

This policy is approved by Carroll Bernard, CEO of Waypoint America LLC dba Govology, as a duly authorized representative of Govology.com, and shall be considered effective as of the following date:

Date: June 7, 2023

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Signature