Terms of Use

This Disaster Accountability Project (“DAP”) site, located at reliefoversight.org (including any successor site) (the “Relief Oversight Site” or “Site”), is owned and operated by the Disaster Accountability Project. Your access to and use of the Relief Oversight Site constitutes your acceptance, without limitation, of the terms and conditions of these Terms of Use. These Terms of Use incorporate by reference the Posting Rules for submission of activity reports. If you do not agree to be bound by these terms, you may not access or use the Relief Oversight Site. You represent and warrant to DAP that you are at least eighteen years old and that you possess the legal right and ability to enter into this agreement and to use the Site in accordance therewith.

MODIFICATION OF THESE TERMS OF USE

DAP reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use at any time. You agree to monitor regularly these Terms of Use as they appear on the Relief Oversight Site. Your use of the Relief Oversight Site after the posting of any modified, altered, or otherwise revised versions of the Terms of Use shall constitute your acceptance and continued acceptance, without limitation, of the terms and conditions of the Terms of Use.

USE OF MATERIALS ON THIS SITE

DAP maintains the Relief Oversight Site for your personal, professional, and social information, education, and communication. Please feel free to explore, interact, and engage with the Site.

PROPERTY OF DAP

All materials on our site that are not otherwise re-posted proprietary materials of another (such as reports owned by other organizations and re-posted with permission), including but not limited to artwork, photographs, graphics, data collections, methods of analysis, ratings, text, and trademarks (collectively, the “Materials”), are the sole property of DAP or its licensors. You agree not to take any action that would infringe, misappropriate, or violate DAP’s intellectual property interests or other rights, under U.S. and international laws of copyright, trademark, trade secret, and unfair competition.

CREATIVE USE PERMISSIONS

DAP grants permission to all Site users to copy, distribute, transmit, and adapt the Materials available on this Site, to the full extent that DAP has permission to grant such rights, under the following conditions: (1) attribution—you must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that such author or licensor endorses you or your use of the work), which for Materials or other work product owned by DAP or found on the Site consists of attributing the Materials or other work product to the Disaster Accountability Project and the Relief Oversight Site in a manner consistent with generally accepted methods of attribution; (2) noncommercial—you may not use the Materials for commercial purposes (as discussed below); and (3) share alike—if you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one. Any of the above permissions can be waived if you obtain permission from DAP, in accordance with DAP’s internal licensing policy. These Creative Use Permissions do not constitute a Creative Commons license, but were adapted (with appreciation) from such license, as may be viewed at http://creativecommons.org/licenses/by-nc-sa/3.0/us/.

GOOD FAITH USE

Notwithstanding the foregoing Creative Use Permissions, you agree to use the Site in good faith and not to upload or otherwise place any information or materials on the Relief Oversight Site that would infringe or otherwise violate anyone’s intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation. DAP reserves the right to refuse or terminate any document, information, or materials at any time and for any reason.

NONCOMMERCIAL

As noted above, you agree to use our site only in a non-commercial manner. None of the Materials, scheme of organization of the Site, the information on the Site nor display thereof, nor the names of DAP or the Relief Oversight Site may be used in advertising or for any other commercial purpose, including the solicitation of contributions, without written permission from DAP. You may not copy, reproduce, distribute, modify, display, prepare derivative works based upon, republish, transmit, repost or otherwise use the content of the Site for commercial purposes, without prior written authorization from DAP. To request such permission, contact info@disasteraccountability.org.

OUTSIDE LINKS

DAP has not reviewed all of the sites linked to this Site and is not responsible for the privacy practices or the content of any off-Site pages or any other sites linked to the Relief Oversight Site, whether or not affiliated with DAP. Such linked sites are linked for convenience only, and you access them at your own risk. DAP makes no representations or warranties as to the accuracy or functioning of any such link. A link to an outside site does not constitute endorsement by DAP of the outside site, its owners, content, products, or services.

ACCESS

DAP reserves the right to deny access to the Site to anyone at any time. DAP reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the Relief Oversight Site. DAP further reserves the right to impose registration, password, and other security precautions on access to and use of the Site.

SECURITY

This site has security measures in place to protect the loss, misuse and alteration of the information on and used to interact with the Site. However, your confidential use of this site cannot be guaranteed by DAP. DAP shall not be responsible or liable for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the Site.

COLLECTION OF PERSONALLY INDENTIFIABLE INFORMATION

DAP or the Site may collect email addresses and other personally identifiable data about visitors when such data is voluntarily submitted to DAP or to the Site. The Site, like most websites, may place a small file called a “cookie” in the browser files of a visitor’s computer, in order to save information you submit and personalize the Site to your preferences. Neither the Site nor DAP use cookies to track your movement among different websites. DAP does not sell user information. To become a registered user of the Relief Oversight Site, registration of certain personal information is required. DAP uses such information to make member functions more effective, to provide participants with additional information, to confirm or verify information submitted, and to promote effective response during a disaster response or relief effort, as appropriate. All such information is collected and stored in a manner appropriate to the nature of the data.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

The information and materials on this site are provided solely for educational purposes. Such information and materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in those respects. We suggest that you consult an attorney, accountant, and/or financial advisor to answer any legal or financial questions.

Your use or browsing of this Site is at your own risk. While reasonable care has been used to ensure the accuracy of information and materials provided on the Site, the information and materials may include technical inaccuracies or other errors. DAP does not warrant or guarantee the accuracy, completeness, currency, integrity, quality, or validity of any information or materials on the Relief Oversight Site (including, without limitation, any database accessible via the Site and its content) or linked from the Relief Oversight Site.

THE RELIEF OVERSIGHT SITE, AND THE INFORMATION AND MATERIALS AVAILABLE THEREIN, ARE PROVIDED "AS IS" AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES RELATING TO ACCURACY, ERRORS OR OMISSIONS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, NON-INTERFERENCE, TIMELINESS, PERFORMANCE, QUIET ENJOYMENT, AND TITLE. DAP HAS MADE AND MAKES NO OTHER WARRANTIES, AND DAP DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

DAP does not warrant that the functions contained in Site materials will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. DAP does not warrant or make any representations regarding the use or the results of the use of the information or materials on the Site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of any servicing, repair, or correction that you require.

Under no circumstances, including, but not limited to, negligence, gross negligence, or willful misconduct, shall DAP be liable for any damages (including, without limitation, damages for loss of profits, business interruption, or loss of information) arising out of or in connection with the use of, or inability to use, the information or materials on the Site, even if DAP or a DAP-authorized representative has been advised of the possibility of such damages. In no event shall DAP’s total liability to you for all damages, losses, and causes of action, including but not limited to negligence, gross negligence, or willful misconduct, arising out of or in connection with your use of the Site, exceed the amount paid by you, if any, for accessing the Site.

INDEMNITY

In no event shall DAP (including its officers, directors, employees, volunteers, successors and assigns) have liability for punitive, exemplary, indirect, special, incidental, or consequential damages or loss (including, without limitation, damages for lost business, lost profits, or lost data) arising in connection with these Terms of Use, the Relief Oversight Site, any content, database, information, or materials thereon, or the use or inability to use the Site, or any content, database, information, or materials thereon, regardless of the legal theory pursuant to which such damages are claimed, and regardless of whether DAP was or has been notified of the possibility of such damages or loss.

Not all state laws allow such limitations, and your rights may vary.

DISPUTE RESOLUTION

These Terms of Use shall be governed and construed by the laws of the State of New York. You agree that, by entering into these Terms of Use, you are transacting business in the State of New York and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the Relief Oversight Site shall be commenced and maintained in a court within the State of New York, and you consent to personal jurisdiction and venue in any such court. You agree to receive notices via email delivery, which notices may be sent to such email address as you shall provide to DAP.

SEVERABILITY

Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, you and DAP agree that such provision shall be automatically severed and the remainder of these Terms of Use that can be given effect shall continue to be given effect.

ENTIRE AGREEMENT

These Terms of Use, which incorporate by reference the Posting Rules for submission of activity reports, constitute the entire agreement between you and DAP with respect to the subject matter of these Terms of Use, and supersede all prior agreements, understandings, or representations between you and DAP with respect to the subject matter of these Terms of Use.