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.
YOU SHOULD TAKE TIME TO
CAREFULLY READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE
AVERAGEJOEINC.COM
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.php
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, tortious 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
PFAAWATCH FORUMS, 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 THE PFAAWATCH 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