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Relief Labs International, Inc.

Terms of Service

Last updated: July 24, 2012.

The Gist:  We (Relief Labs International, Inc.) run websites (such as http://www.relieflabs.org/ and http://www.easytomato.org/) (the “Sites”) and would love for you to use it.  The Sites are completely free and were created for the benefit of organizations around the world.

The following terms and conditions govern all use of the Sites and all content contained therein.  The Sites are owned and operated by Relief Labs International (“RLI”) and its licensors.  The Sites are offered subject to your acceptance without modification to any of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, RLI’s Privacy Policy located at http://www.easytomato.org/privacy-policy) and procedures that may be published from time to time on the Sites by RLI (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Sites.  By accessing or using any part of the Sites, you agree to become bound by the terms and conditions of this Agreement.  If you do not agree to all the terms and conditions of this Agreement, then you may not access the Sites or use any services.  If these terms and conditions are considered an offer by RLI, acceptance is expressly limited to these terms.  The Sites are available only to individuals who are at least 13 years old.

1.  Responsibility of Site Visitors.  RLI has not reviewed, and cannot review, all of the material posted to the Sites, and cannot therefore be responsible for that material’s content, use, or effects.  By operating the Sites, RLI does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.  The Sites may contain content that is offensive, dangerous, illegal in certain countries, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.  The Sites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties.  RLI disclaims any responsibility for any harm resulting from the use by visitors of the Sites.

2.  International Use.  If you access the Sites from a location outside the United States, you may be subject to additional requirements from your jurisdiction.  You are responsible for complying with the laws of all jurisdictions applicable to your use of the Sites.

3.  Content Posted on Other Websites.  We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Sites link, and that link to the Sites.  RLI does not have any control over those third party websites and webpages, and is not responsible for their contents or their use.  By linking to a third party website or webpage, RLI does not represent or imply that it endorses such website or webpage.  You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.  RLI disclaims any responsibility for any harm resulting from your use of third party websites and webpages.

4.  Copyright Infringement and DMCA Policy.  As RLI asks others to respect its intellectual property rights, it respects the intellectual property rights of others.  If you believe that material located on or linked to by the Sites violates your copyright, you may notify us by contacting us at [email protected] with the following information

  • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
  • A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  • Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
  • Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
  • Your name, address, telephone number, and email address so that we may contact you.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

RLI will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.  RLI reserves the right to, in its sole discretion, terminate a visitor’s access to and use of the Sites if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of RLI or others.

5.  Intellectual Property.  This Agreement does not transfer from RLI to you any RLI or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RLI.  RLI, http://www.easytomato.org/, the EasyTomato logo, and all other trademarks, service marks, graphics and logos used in connection with the Sites are trademarks or registered trademarks of RLI or RLI’s licensors.  Other trademarks, service marks, graphics and logos used in connection with the Sites may be the trademarks of other third parties.  Your use of the Sites grants you no right or license to reproduce or otherwise use any RLI or third-party trademarks.

6. CopyRight.  The Sites permit the download of router firmware called EasyTomato (the “Firmware”) which is a powerful, easy-to-use, free bandwidth manager that is perfect for schools, hospitals, and nonprofits with slow internet connections and limited IT knowledge.  Unless otherwise noted, RLI owns the copyright to the Firmware.  However, we have chosen to release this program as  free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. See <http://www.gnu.org/licenses/>.

7.  Changes.  RLI reserves the right, at its sole discretion, to modify or replace any part of this Agreement.  It is your responsibility to check this Agreement periodically for changes.  Your continued use of or access to the Sites following the posting of any changes to this Agreement constitutes acceptance of those changes.  RLI may also, in the future, offer new services and/or features through the Sites.  Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8.  Termination.  RLI may terminate your access to all or any part of the Sites at any time, with or without cause, with or without notice, effective immediately.  Upon termination, any data you have stored on the Sites may be unavailable later, unless we are required to retain it by law.  If you wish to terminate this Agreement, you may simply discontinue using the Sites.  All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9.  Disclaimer of Warranties.  The Sites are provided “as is” and without warranty of any kind.  RLI and its suppliers and licensors hereby disclaim all warranties of any kind, oral or written, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title and non-infringement.  Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.  You may also have other legal rights that may vary by jurisdiction.  Neither RLI nor its suppliers and licensors, makes any warranty that the Sites will be error free or that access thereto will be continuous or uninterrupted.  You understand that you obtain content or services through the Sites at your own discretion and risk.  You have the sole responsibility for verifying the completeness and accuracy of all information made available on the Sites.

10.  Limitation of Liability.  Your sole and exclusive remedy for any dispute with us or our licensors is to terminate your use of the Sites and any services.  In no event will RLI, or its suppliers or licensors, be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from use of the services or otherwise with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data.  RLI shall have no liability for any failure or delay due to matters beyond its control.  The foregoing shall not apply to the extent prohibited by applicable law.

11.  General Representation and Warranty.  You represent and warrant that (i) your use of the Sites will be in strict accordance with the RLI Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Sites will not infringe or misappropriate the intellectual property rights of any third party.

12.  Indemnification.  You agree to indemnify and hold harmless RLI, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Sites, including but not limited to your violation of this Agreement.  We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13.  Miscellaneous.  This Agreement constitutes the entire agreement between RLI and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RLI, or by the posting by RLI of a revised version.  Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Sites will be governed by the laws of the state of New York, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York.  The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.  If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.  You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RLI may assign its rights under this Agreement without condition.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.