DMCA Policy

The DMCA

The Digital Millennium Copyright Act ("DMCA") creates a standard process for copyright holders to ask Prosper Coach LLC ("Prosper Coach Academy," "we," "us") to take down infringing content. You can find more information about the DMCA on the U.S. Copyright Office's official website, copyright.gov.

As with all legal matters, it is best to consult a professional about your specific questions or situation, and we strongly encourage you to do so before taking any action that might affect your rights. This page is not legal advice and should not be taken as such.

Accurate information

The DMCA requires you to swear to the facts in your notice of infringement under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration (see 18 U.S.C. § 1621). Submitting false information could also result in civil liability, meaning you could be sued for money damages.

Investigate first

Filing a DMCA notice of infringement is a serious legal allegation that carries real consequences for real people. Because of that, we ask that you investigate thoroughly and consult an attorney before sending a takedown request, to make sure the use is not actually permissible. A good first step before sending us a takedown notice is to try contacting the person who posted the content directly.

No automated bots

A trained professional should evaluate the facts of every takedown notice you send. If you outsource this to a third party, make sure you know how they work, and make sure they are not using automated bots to submit notices in bulk. Those notices are often invalid, and processing them results in content being taken down needlessly.

Our role

Prosper Coach Academy exercises little discretion in this process beyond determining whether notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.

DMCA takedown notice

If someone is using your copyrighted content without authorization on any Prosper Coach Academy website, please email a notice to support@coachesprosper.com. You may attach a file, but please also include a plain-text version of your letter in the body of your message. Your notice must include:

• A physical or electronic signature (typing your full name is enough) of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work you claim has been infringed (for example, a link to your original work or a clear description of it).
• Identification of the material you claim is infringing, with information reasonably sufficient for us to locate it on our websites or services.
• Your contact information, including your address, telephone number, and email address.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you must send your notice by mail, you can, but it will take us much longer to receive and respond to it. Notices sent by plain-text email are handled fastest. Our mailing address is:

Prosper Coach LLC
Attn: DMCA Agent
800 Washington Ave N, Minneapolis, MN 55401, United States
Email: support@coachesprosper.com

By submitting a DMCA notice by email or mail, you acknowledge that a copy of your notice, including all the information in it, may be shared with the person accused of infringement.

DMCA counter-notice

If you believe your content on a Prosper Coach Academy website was disabled by mistake because of a DMCA takedown request, you have the right to contest the takedown by sending a counter-notice by email or mail to the addresses above. Your counter-notice must include:

• Your physical or electronic signature.
• Identification of the material that was removed or disabled, and where it appeared before it was removed.
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located (or, if your address is outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who sent the original notice or that person's agent.

If we receive a valid counter-notice, we will send a copy to the person who sent the original notice and restore the content within 10 to 14 business days, unless that person tells us they have filed a legal action seeking to restrain the alleged infringement relating to the content on our websites.

Repeat infringers

In appropriate circumstances, we will end the access of members who are repeat infringers.