
Terms &
Conditions
AverageJoeInc.com FORUMS REGISTRATION AGREEMENT
Access to the content on the
AverageJoeInc.com Forums is governed and controlled by the same general
terms and conditions of use for any of the Terms & Conditions
AverageJoeInc.com FORUMS REGISTRATION AGREEMENT
Access to the content on the
AverageJoeInc.com Forums is governed and controlled by the same general
terms and conditions of use for any of AverageJoeInc.com web site
(see
http://www.
AverageJoeInc.com /Terms & Conditions )
Posting content to the
AverageJoeInc.com Forums, however, is prohibited until you have
registered to the site and have accepted the terms and conditions stated in the
AverageJoeInc.com Forums Registration Agreement.
YOU SHOULD TAKE
TIME TO CAREFULLY READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS
AVERAGEJOEINC FORUMS REGISTRATION AGREEMENT ("Agreement").
This Agreement provides
important information about your ability to post content to the
AverageJoeInc.com Forums. If you have any questions about the Agreement,
or your rights and responsibilities as a registrant, please submit your
questions to registration via email at
commonmail@averagejoeinc.com
- BY COMPLETING THE REGISTRATION
PROCESS AND CLICKING THE "I ACCEPT" BUTTON AND/OR BY POSTING CONTENT TO
THE AverageJoeInc.com FORUMS, YOU AGREE TO BE BOUND BY THIS
AGREEMENT.
- MODIFICATIONS. AverageJoeInc.com
reserves the right to change, modify, add or remove portions of
this Agreement at any time. If AverageJoeInc.com makes
such a change, AverageJoeInc.com will notify registrants
by posting a message to the AverageJoeInc.com Forums
indicating that a change to this Agreement has occurred and may provide
a link to view the new terms and conditions. In addition, the current
version of this Agreement will always be available at
AverageJoeInc.com terms & conditions. If this Agreement, or any
future changes thereto, are unacceptable to you, or cause you no longer
to be in compliance with this Agreement, you must immediately
discontinue use and access to the AverageJoeInc.com
Forums.
- REGISTRATION INFORMATION. You agree to
(a) provide only accurate, complete and current information about
yourself in the registration process, and (b) to maintain and update
your information to keep it accurate and current. Registrants may
maintain only one active registration to the AverageJoeInc.com
Forums. BY SUBSCRIBING, YOU WARRANT THAT YOU HAVE NO OTHER REGISTRATION
(S) TO THE AverageJoeInc.com. AverageJoeInc.com
reserves the right to deny to anyone access to the
AverageJoeInc.com Forums for any or no reason.
- USER NAME AND PASSWORD. As part of the
registration process, you will select a user name.
AverageJoeInc.com may, in its sole discretion,
refuse to grant you or may require
you to change a user name that impersonates someone else, is or may be
illegal, is or may be protected by trademark or other proprietary right,
is vulgar, offensive or objectionable, or may cause confusion. After
completion of the registration process, AverageJoeInc.com
will send you an activation code via email. Once you have received your
particular activation code, you may use it to log in and post content to
the AverageJoeInc.com Forums.
- TEMPORARY SITE. AverageJoeInc.com
is providing the AverageJoeInc.com Forums on a
trial and possibly temporary basis and may at any time discontinue, in
whole or in part, the AverageJoeInc.com Forums.
- REGISTRANT INFORMATION.
AverageJoeInc.com reserves the right to access and disclose any
information, including user names and e-mail addresses, necessary to
comply with applicable laws and lawful government requests, to operate
its systems properly, or to protect itself or its registrants.
- COOKIES. Registrants who have cookies
disabled on their web browser may still browse the
AverageJoeInc.com Forums, and may even be able to register and
post to the site; however, to best experience the
AverageJoeInc.com Forums, registrants should have cookies
enabled.
- CONDUCT
- RESPONSIBILITY.
You are responsible for
all statements, acts, and/or omissions occurring on your account while
your password or activation code is being used.
You agree not to use the service for
any illegal or improper purposes or to publish or transmit material that
is unlawful, harassing, libelous, invasive of another's privacy,
abusive, threatening, harmful, vulgar, obscene, pornographic, tortuous,
improper or otherwise reasonably objectionable, or that infringes or may
infringe the intellectual property or other rights of another. You also
agree not to use the AverageJoeInc.com Forums to harvest
or collect or republish or further distribute information, including
technical information or user names, about AverageJoeInc.com
Forums registrants for the transmission of junk mail, spam, chain
letters or unsolicited distribution of e-mail. YOU AGREE TO WAIVE ANY
CLAIMS DEMANDS, LIABILITIES OR DAMAGES AGAINST AverageJoeInc.com
RELATING TO ANY ACTION BY AverageJoeInc.com WHEN
INVESTIGATING A SUSPECTED VIOLATION OF THE TERMS OF USE OR CONCLUDING
THAT A VIOLATION OF THE TERMS OF USE HAS OCCURRED, INCLUDING BUT NOT
LIMITED TO, REMOVING POSTED MATERIAL FROM THE AveragejoeInc.com FORUMS,
SUSPENSION, LIMITATION, OR TERMINATION OF YOUR REGISTRATION.
- CONTENT CONTROL.
You acknowledge and
understand that you are accessing content over which
AverageJoeInc.com
does not have complete or continuous control.
The content on the AverageJoeInc.com
Forums is created in part by the registrants and such content is solely
their respective responsibility. Consequently, the reliability,
accuracy, completeness, ownership, usefulness, and truthfulness of
content from a registrant is content beyond the control of
AverageJoeInc.com, and AverageJoeInc.com does NOT
endorse or recommend any opinions or recommendations posted by any
particular registrant. Similarly, AverageJoeInc.com has no
control-and will find inoffensive, tasteful, helpful and otherwise
acceptable. REGISTRANTS COULD PRETEND TO BE PEOPLE THAT THEY ARE NOT OR
TO HAVE EXPERTISE THEY DO NOT HAVE. SOME REGISTRANTS MAY HAVE BAD
INTENTIONS OR MAY SIMPLY HAVE BAD INFORMATION. YOU SHOULD EXERCISE
DISCRETION AND SKEPTICISM BEFORE RELYING ON INFORMATION IN MESSAGES
POSTED BY OTHER REGISTRANTS, SINCE IT MAY BE INCORRECT, MISLEADING OR
INCOMPLETE. YOU SHOULD MAKE AN INDEPENDENT INVESTIGATION BEFORE MAKING
ANY DECISIONS, AND IF YOU RELY ON INFORMATION POSTED BY OTHER
REGISTRANTS YOU DO SO SOLELY AT YOUR OWN RISK. If
posted information is
incorrect, misleading or incomplete, you may make your own posting to so
indicate and should notify AveragejoeInc.com by email
at
commonmail@averagejoeinc.com
REMOVAL
OF POSTED CONTENT. AverageJoeInc.com
in its sole discretion may at any time or times edit, remove or monitor
any posted content it believes necessary to ensure compliance with this
Agreement. AverageJoeInc.com cannot guarantee that
monitoring, if any, of the AverageJoeInc.com Forums will
assure that the AverageJoeInc.com Forums does not contain
violations of this Agreement. In addition, AverageJoeInc.com
may, in its sole discretion, and for any or no reason, terminate your
right to post material on the AverageJoeInc.com Forums.
The following actions, among others, may result in removal or editing of
messages and/or termination or limitation of your registration:
- Posting material that is unlawful,
harassing, libelous, invasive of another's privacy, abusive,
threatening, vulgar, obscene, pornographic, tortuous or otherwise
objectionable;
- Posting information that is or may
be material, non-public information about any company;
- Posting or transmitting third-party
copyright protected information or in any way infringing on the
intellectual property, contractual or fiduciary rights of others;
- Providing false information during
the registration process or impersonating someone else in your
registration or postings;
- Using the AverageJoeInc.com
Forums to transmit or gather information to aid in the
transmission of junk mail, spam, chain letters or unsolicited mass
distribution of e-mail;
- Posting improper or off-topic
messages or posting excessively-long messages; or
- Posting incorrect or damaging
information.
- COMPLIANCE WITH LAWS.
Use of the AverageJoeInc.com
Forums is subject to applicable local, state, national and international
laws and regulations. You agree not to transmit any material that could
constitute or encourage conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any local,
state, national or international law, regulation, or rule. Any
posting to the
AverageJoeInc.com
Forums which constitutes a criminal offense may be reported to the
proper authorities together with any information in
AverageJoeInc.com
's possession, use or control which may assist law enforcement
authorities in their duties.
- PROPRIETARY RIGHTS TO CONTENT
- CONTENT USE. The postings to and content
available through the AverageJoeInc.com Forums immediately
becomes the property of AverageJoeInc.com
Or its licensors or assigns, when
posted and may be protected by intellectual property or other
proprietary rights and laws. Content received through the
AverageJoeInc.com Forums may be displayed, reformatted, and
printed for your personal, non-commercial use only. You agree not to
reproduce, retransmit, re-post, distribute, sell, publish, broadcast,
create derivative works of, perform or in any way commercially exploit
any of the content on the AverageJoeInc.com Forums. You
agree not to infringe trademarks or service marks displayed or received
through the AverageJoeInc.com Forums.
- PROPIETRARY INFORMATION. No
confidential or proprietary information may be posted on the
AverageJoeInc.com Forums. Any information or material
posted on the AverageJoeInc.com Forums will be deemed NOT to be
confidential and to not contain any trade secrets or other intellectual
property. By posting any information or material, you grant
AverageJoeInc.com, and its successors and assigns, a
non-exclusive, worldwide, fully paid-up, royalty-free, perpetual,
non-revocable license to use, reproduce, display, perform, modify,
transmit and distribute such information and material. You also agree
that AverageJoeInc.com is free to use, distribute and
commercialize for any purpose any ideas, concepts, know-how or
techniques that you post to the AverageJoeInc.com Forums
and to use, distribute, display, reproduce and create derivative works
of such information and material in any and all media, in any manner, in
whole or in part, without any duty to account to you or seek permission
from you.
- INFRINGEMENT. AverageJoeInc.com
will respond, as it deems appropriate, to claims of intellectual
property infringement by any material posted on the
AverageJoeInc.com Forums. Please direct any notices of
intellectual property infringement to
commonmail@averagejoeinc.com will
process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act and other
applicable state and national or international intellectual property
laws. AverageJoeInc.com may remove, limit or disable
access to any material claimed to be infringing or claimed to be the
subject of infringing activity, or remove, limit or disable access to
any reference or link to material or activity that is claimed to be
infringing.
- LINKS
- EXTERNAL LINK. Information posted by
registrants may contain links, Internet address, email address, or URLs
(referred to herein as a "link") to non AverageJoeInc.com
Internet sites, other resources or registrants of the
AverageJoeInc.com Forums. You understand and agree that a link
to any no AverageJoeInc.com web site or other resource
does NOT mean that AverageJoeInc.com endorses or accepts
any responsibility for the availability, content or use of such web site
(including any advertising, products, or other materials on such web
sites) or resource. You also understand and agree that
AverageJoeInc.com is not responsible or liable, directly or
indirectly, for any loss or damages caused or alleged to have been
caused by use of or reliance on any content, goods or services available
or not available on such web sites. Any concern regarding any external
link should be directed to the respective site administrator or
Webmaster. You must take precautions to ensure that whatever material
you select for your use from any web site is free of such items as
viruses, worms, Trojan horses and other items of a destructive nature.
- IN NO EVENT WILL AverageJoeInc.com
BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES FOR ANY USE OR EXISTENCE OF THE
AVERAGEJOEINC.COM,
OR OF ANY HYPER- LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY
LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON
YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF EXPRESSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
- LINKS TO THE AverageJoeInc.com
FORUMS. To obtain permission to link to an AverageJoeInc.com site
contact
commonmail@averagejoeinc.com. No
trademark or logo of AverageJoeInc.com may be used as a
"hot" link to any AverageJoeInc.com or other site without
the prior written approval of AverageJoeInc.com.
- DISCLAIMER OF WARRANTIES AND
LIMITATION ON LIABILITY
- THE AverageJoeInc.com FORUMS
IS PROVIDED "AS IS" AND AS AND WHEN AVAILABLE, WITHOUT WARRANTY OF ANY
KIND. USE OF THE AverageJoeInc.com FORUMS AND THE INFORMATION
THEREON IS COMPLETELY AT YOUR RISK AND DISCRETION.
- AverageJoeInc.com
EXPRESSLY DISCLAIMS TO THE
FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A)
WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENT AND
TIMELINESS, OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH OR ON
Averagejoeinc.com
FORUMS; (B) ANY REPRESENTATION OR WARRANTY THAT THE AverageJoeInc.com
FORUMS AND ITS AVAILABILITY WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C)
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS.
- YOU ACKNOWLEDGE AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE AverageJoeInc.com FORUMS IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM AND PRODUCTS, INCLUDING ANY AverageJoeInc.com
PRODUCTS YOU USE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA.
- NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM AverageJoeInc.com OR
THROUGH THE AverageJoeInc.com FORUMS SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
- NEITHER AverageJoeInc.com, NOR
ITS OFFICERS, DIRECTORS, OWNERS, AGENTS OR EMPLOYEES, SHALL BE LIABLE TO
YOU OR TO ANY THIRD PARTY FOR: (A) INJURY RESULTING FROM USE OF THE
AverageJoeInc.com FORUMS CAUSED IN WHOLE OR IN PART BY ITS
NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING,
INTERPRETING, REPORTING OR DELIVERING THE AverageJoeInc.com
FORUMS AND ANY CONTENT THROUGH THE AverageJoeInc.com FORUMS; (B)
ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT;
(C) ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR
DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE.
- SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
- AverageJoeInc.com
SHALL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR THE TERMINATION OR LIMITATION OF ACCESS TO THE
AverageJoeInc.com FORUMS OR ITS CURRENT OR FORMER CONTENT OR TO ANY
CLAIMS RELATED TO SUCH TERMINATION OR LIMITATIONS.
- INDEMNIFICATION
- You agree to defend,
indemnify and hold
AverageJoeInc.com,
its officers, directors, owners, agents and employees, harmless from any
claim, demand, liability, expenses or damages, including reasonable
attorneys' fees, made by any third party due to or arising out of your
use of the
AverageJoeInc.com
Forums or any information obtained or posted on the
AverageJoeInc.com
Forums or resulting from any violation of this Agreement by you.
Additionally, you agree to indemnify and hold
AverageJoeInc.com
harmless from any claims, demands, liabilities or damages against
AverageJoeInc.com
relating to any material posted by you, or by use of your user name and
password, to the
AverageJoeInc.com
Forums. If you believe someone has used your password or account without
your authorization, you must notify
AverageJoeInc.com
immediately at
commonmail@averagejoeinc.com.
AverageJoeInc.com
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
- TERMINATION
- GROUNDS. AverageJoeInc.com
may, in its sole discretion, terminate, limit or suspend your access to
all or any part of the AverageJoeInc.com Forums for any or no reason,
including, without limitation, breach of this Agreement or any
subsequent modifications thereto, or attempted assignment of your
registration by you. Any suspected fraudulent, abusive or illegal
activity may be grounds for termination of your account and may be
referred to appropriate law enforcement authorities.
- OBJECTION. If you object to any
provisions of this Agreement or any subsequent changes thereto or become
dissatisfied with the Service in any way, your only recourse is to
immediately discontinue use and access to the Forums. Continued use or
access to the AverageJoeInc.com Forums is deemed an acceptance of
the Terms of Use and all or any subsequent changes.
- LAWS
- The Terms of Use are governed by and
construed in accordance with the laws of the State of Michigan/Minnesota
and applicable federal intellectual property laws of the United States,
without regard to the conflicts of laws provisions of Michigan/Minnesota
U.S.A., and you agree to submit to the personal jurisdiction of the
federal courts in the State of Michigan for any cause or action arising
out of or relating to the AverageJoeInc.com Forums.
AverageJoeInc.com web site (see
http://www. AverageJoeInc.com
). Posting content to the
AverageJoeInc.com Forums, however, is prohibited until you have
registered to the site and have accepted the terms and conditions stated in the
AverageJoeInc.com Forums Registration Agreement.

©Copyright 2006
AverageJoeInc.com All Rights
Reserved.
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