Effective Date: 7/1/2024

TotalExterior.com respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). This policy explains our procedures for addressing copyright infringement claims and clarifies that users cannot upload or publish content on our website.

1. Content on TotalExterior.com

All content on TotalExterior.com, including text, images, and other media, is either owned by Total Exterior or used with proper authorization.

User-Generated Content: TotalExterior.com does not allow users to upload or publish content on the website. Therefore, claims of copyright infringement will only apply to materials displayed on the site that have been created, licensed, or curated by Total Exterior.

2. Submitting a DMCA Notification

If you believe that content published on TotalExterior.com infringes your copyright, you may submit a written notification to our Designated DMCA Agent. To comply with the DMCA (17 U.S.C. § 512(c)(3)), your notification must include the following:

Identification of the copyrighted work that you claim has been infringed.

If your claim covers multiple works, you may provide a representative list.

Identification of the infringing material on TotalExterior.com, including information sufficient to allow us to locate the material (e.g., the specific URL or a detailed description).

Your contact information, including your full name, address, telephone number, and email address.

A statement that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law.

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

Your physical or electronic signature.

Submit your DMCA notification to our Designated Agent:

DMCA Agent Email: [email protected]

3. Our Response to DMCA Notifications

Upon receiving a valid DMCA notification, Total Exterior will:

Promptly investigate the claim and determine whether the content in question infringes copyright.

If the claim is deemed valid, remove or disable access to the allegedly infringing content.

Notify the copyright owner or authorized agent of the actions taken.

Good Faith Limitation : If the notification does not meet the legal requirements or appears to be fraudulent, Total Exterior reserves the right to take no action.

4. Counter-Notification Procedure

In the unlikely event that content is removed in error, Total Exterior may allow a counter-notification to dispute the claim.

Counter-notifications must include:

Identification of the material removed and its prior location on the website.

A statement, under penalty of perjury, that the material was removed due to mistake or misidentification.

Your name, address, telephone number, and email address.

A statement that you consent to the jurisdiction of the federal court in your district (or if outside the U.S., the jurisdiction of the courts where Total Exterior is headquartered).

A statement that you will accept service of process from the complainant or their agent.

Your physical or electronic signature.

Submit your counter-notification to our Designated DMCA Agent:

DMCA Agent Email: [email protected]

Upon receiving a valid counter-notification, we will forward it to the original complainant and restore the removed content unless the complainant notifies us within 10 business days that they have filed a legal action to prevent further use of the material.

5. No User-Generated Content

Since users cannot upload, post, or contribute content to TotalExterior.com, claims of copyright infringement are limited to materials directly published by Total Exterior. Users are prohibited from submitting any content intended for public display on the site.

6. Safeguards Against Misrepresentation

False or Fraudulent Claims: Under the DMCA, any individual who knowingly submits a false claim of copyright infringement or counter-notification may be subject to legal liability, including damages, costs, and attorneys’ fees incurred by Total Exterior or affected parties.

Total Exterior reserves the right to pursue legal remedies against individuals or entities that misuse the DMCA process.

7. Limitation of Liability

To the fullest extent permitted by law, Total Exterior is not liable for damages of any kind resulting from:

Good faith compliance with DMCA procedures, including the removal or disabling of content.

Errors, interruptions, or delays in processing DMCA notifications or counter-notifications.

Decisions made regarding copyright claims.

Users agree to indemnify and hold harmless Total Exterior, its owners, employees, and affiliates from any claims, damages, or liabilities arising from DMCA-related actions.

8. Force Majeure

Total Exterior is not responsible for delays or failures in handling DMCA claims due to circumstances beyond our control, including but not limited to natural disasters, technical issues, or cyberattacks.

9. Changes to This Policy

We reserve the right to modify or update this DMCA Policy at any time without prior notice. Changes will take effect immediately upon posting.

10. Contact Information

For questions or concerns regarding this DMCA Policy, please contact us:

Email: [email protected]