H.C. Wainwright & Co., LLC (“HCW”, “us,” our” or “we”) has adopted the following procedures to respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). The address of our designated agent to receive notification of infringement (“Designated Agent“) is listed at the end of this policy.
It is our policy to remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our users.
A. How to Report Copyright Infringement
If you believe that material or content residing on or accessible through the Website infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Contact information about the copyright owner including address, telephone number and, if available, email address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;
- A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Upon Notification to the Designated Agent
It is our policy:
- to remove or disable access to the infringing material;
- to notify the user that we have removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that we will terminate such user’s access to the Website.
C. Counter-Notice by Content Provider
If the user believes that the material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the user;
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- User’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the federal court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for the judicial district in which HCW is located, the County of New York, State of New York, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in fourteen (14) business days or more after receipt of the counter-notice, solely at our discretion.
Please contact our Designated Agent at the following address: H.C. Wainwright & Co., LLC., Attn: Chief Compliance Officer, 430 Park Avenue, New York, New York 10022 or email: Compliance@hcwco.com.
You hereby acknowledge that if you fail to comply with the requirements set forth above, your DMCA notice may not be valid.