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Copyright and Intellectual Property Policy

Ownership of Website and Content

This website (the “Website”) and its contents are intended for your personal use.  All content included or available on the Website, including website design, text, graphics, files, interfaces, drawings, illustrations, images, photographs, video clips, music and sounds, and/or other materials (the “Website Content” or “Content”) and the selection and arrangements thereof, and all source code, object code, trade dress, trademarks, service marks and copyrighted materials used at the Website and the selection and arrangements thereof, are the property of Horton Group, Inc. (“Horton Group” or “us”) and/or its affiliates or licensors unless otherwise indicated.  Horton Group reserves all rights in such Content.  Any rights not expressly granted in these Terms of Use are expressly reserved.

Procedure for Reporting Copyright or Other Intellectual-Property Infringement

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.  It is the policy of Horton Group to terminate the privileges of any user who infringes the copyright rights of others upon receipt of prompt notification to Horton Group by the copyright owner or the copyright owner’s legal agent.  Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Horton Group designates the following as its agent for receipt of notifications of claimed copyright or other intellectual-property infringement:

By email: info@hortongroup.com 

By phone: 615.292.8642

By fax:  615.715.0323

By regular mail:

Intellectual Property Claim

136 Rosa L. Parks Blvd.

Nashville, TN 37203

To notify us of a claimed infringement of your copyright or other intellectual-property right by material residing on or accessible through this Website, you must contact us in writing by regular, fax or email at the addresses provided above and provide the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the work claimed to have been infringed, or, if multiple works on this website are covered by a single notification, a representative list of such works at the website;

Identification of the 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 email address;

The following statement by you:  “I 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 the law”; and

The following statement by you:  “The information in this notification is accurate, and I, as the complaining party, declare under penalty of perjury that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Inquiries that do not follow this procedure may not receive a response.  Upon receiving a claim of infringement, we may, in our discretion, remove or disable the material claimed to be infringed.

Please be advised that if you materially misrepresent that material is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees).  If you are not sure whether the material infringes on your intellectual property, you should consider contacting an attorney before contacting us.

How to Respond to a Claimed Infringement

If we remove or disable the material claimed to be infringing, we will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send us a counter-notice why the content does not infringe another’s intellectual-property rights and requesting reinstatement of the content.  The counter-notice must be in writing and include the following information:

The owner’s physical or electronic signature;

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;

The following statement by the owner: “I declare, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and

The owner’s name, address, and telephone number, and the following statement by the owner:  “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which Horton Group, Inc. may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”

If we receive a counter-notice under these provisions, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days.  Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at our discretion.

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