America First Goods and Services LLC takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how America First Goods and Services LLC sellers can respond when their listings or shops are affected by a notice.

For more information on use of America First Goods and Services LLC’s intellectual property, including guidelines for the use of America First Goods and Services LLC’s Trademarks and brand, please refer to America First Goods and Services LLC’s Trademark Policy. This policy is a part of our Terms of Use.

1. America First Goods and Services LLC’s Role

America-First.Org has a marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. For this marketplace we provide a venue, but America First Goods and Services LLC does not manufacture goods or ship items on behalf of our sellers. The content uploaded on America First Goods and Services LLC’s marketplace is generated by independent sellers who are not employees of America First Goods and Services LLC. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.

America First Goods and Services LLC reserves the right to disable any listing, store, or account that we believe violates our Terms of Use, including this Intellectual Property Policy. America First Goods and Services LLC also reserves the right to take action against abusers of America First Goods and Services LLC’s Intellectual Property Policy or our Terms of Use.

America First Goods and Services LLC can’t speak on behalf of intellectual property owners, nor is America First Goods and Services LLC in a position to offer legal advice or make legal determinations whether a store’s content infringes someone else’s intellectual property. America First Goods and Services LLC will remove material cited for alleged intellectual property infringement when provided with a proper notice.

2. Notices of Intellectual Property Infringement

America First Goods and Services LLC strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When America First Goods and Services LLC removes or disables access in response to a notice, America First Goods and Services LLC makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. America First Goods and Services LLC may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.

Please use America First Goods and Services LLC’s Reporting Form to provide notice of claimed infringement to America First Goods and Services LLC and for other intellectual property claims. Using the form is the fastest way for us to address your claim.

America First Goods and Services LLC may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. America First Goods and Services LLC may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. America First Goods and Services LLC also reserves the right to take action against abusers of this policy.

3. Counter Notice

In accordance with the Digital Millennium Copyright Act (DMCA), America First Goods and Services LLC accepts counter notices for copyright notices only. When America First Goods and Services LLC receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs America First Goods and Services LLC of this action.

4. Repeat Infringement

America First Goods and Services LLC terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at America First Goods and Services LLC’s discretion. If we believe a member has attempted to open a new store after termination of the initial account, we reserve the right to refuse all services to that member. These actions apply to any accounts we believe are associated with or operated by the affected member. Per our Terms of Use, America First Goods and Services LLC reserves the right to terminate account privileges at any time, for any reason, and without advance notice.

5. Notice Withdrawals

America First Goods and Services LLC only accepts withdrawals of infringement notices directly from the intellectual property owner or authorized representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the username, store name, and America First Goods and Services LLC listing URLs).

Once America First Goods and Services LLC receives a formal withdrawal of a notice of infringement, America First Goods and Services LLC makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member’s store status.

Last updated on Sep 8, 2020