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Last Updated / Effective Date: October 10, 2023
Please Note: If you knowingly and materially misrepresent that any material or activity on the websites infringes your copyright or was removed by mistake or misidentification, you may be held liable for damages under the DMCA.
In accordance with the DMCA, if you believe any materials accessible on the websites infringe your copyright, you must provide a written notification (“Notice”) to our designated agent listed below, that includes the following
(a) Identification of the copyrighted work you claim is infringed, or if multiple copyrighted works, a representative list of the works you claim are infringed;
(b) Identification of the infringing material or activity in the identified copyrighted work(s), with sufficient detail to permit us to locate the material (you may include a reference link);
(c) A statement that you have a good faith belief that the use of the copyrighted materials described above and contained on the websites is not authorized by the copyright owner, its agent or by protection of law;
(d) A statement that the information in the Notice is accurate;
(e) A statement that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner that is allegedly infringed;
(f) Your contact information, such as your name, address, telephone number and e-mail address; and
(g) Your physical or electronic signature.
We will promptly investigate any claims of copyright infringement upon receipt of a Notice.
We will only respond to Notices that comply with applicable law. If we receive a valid Notice of alleged copyright infringement, we will remove the materials and take reasonable steps to contact the owner of the removed materials so that the owner is given the opportunity to respond with a counter notification.
If we take down your materials as a result of receiving a valid DMCA Notice, and you believe such take down or removal was a mistake or misidentification, you may respond by sending us a written counter notification in accordance with the DMCA. The counter notification must include the following:
(a) A list of the material(s) that was removed by Badger Meter and the location of the material(s) before it was removed with sufficient detail so we may identify and locate the material(s);
(b) A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Milwaukee, Wisconsin, if your address is outside of the United States);
(c) A statement that you will accept service of process from the person who provided the Notice to us of the alleged infringement or an agent of such person;
(d) A statement that, under penalty of perjury, that you have a good faith belief that the material identified above was removed as a result of a mistake or misidentification of the material to be removed;
(e) Your contact information, such as your name, address, telephone number and e-mail address; and
(f) Your physical or electronic signature.
If we receive a valid counter notification, we will repost the applicable materials unless we receive notice from the original person or entity that provided the Notice that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity within ten business days of receiving the copy of the counter notice.
Please send your DMCA notice or counter notification by overnight mail, regular U.S. mail, or e-mail to our DMCA designated agent at:
Badger Meter, Inc.
Attn: David Miller DMCA Designated Agent
4545 W. Brown Deer Road
Milwaukee, WI 53224
It is our policy to terminate repeat infringers’ use of our services, such as by terminating or disabling accounts (if applicable).