Digital Millennium Copyright Act

The “Company” hereinafter refers to Medifast, Inc. its parents, subsidiaries, affiliates, and licensors, and may be referred to as “We”, “Us”, and/or “Our”

THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF THE COMPANY WITHOUT ADVANCE NOTICE.

It is Our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If We remove or disable access in response to such a notice, We will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to the DMCA.

Infringement Notification
To file a notice of infringement with Us, you must provide a written communication (by regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please carefully consider whether your copyright-protected work is being infringed before sending an infringement notification.

Your communication must include substantially all of the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work that you believe has been infringed, or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. 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.
4. Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send the written communication to Our Designated Agent:

Medifast, Inc.
Attn: Staff Counsel
100 International Drive
18th Floor
Baltimore, MD 21202

Counter Notification
If you believe that We have improperly removed or disabled access to your content in response to an infringement notification, you may submit a counter notification. When We receive a counter notification, We may reinstate the material in question.

To file a counter notification with Us, you must provide a written communication (by regular mail — not by email, except by prior agreement) that sets forth the items specified below.

Your communication must include the following:

1. A physical or electronic signature of the subscriber.
2. 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.
3. A statement under penalty of perjury that the subscriber has 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.
4. The subscriber’s name, address, and telephone number
5. A statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which their address is located, or if the subscriber’s address is outside of the United States, to the jurisdiction of the Federal District Court for the District of Maryland, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Send the written communication to Our Designated Agent:

Medifast, Inc.
Attn: Staff Counsel
100 International Drive
18th Floor
Baltimore, MD 21202

Account Termination
The Company will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact the Company’s DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.